Supermarket giants Sainsbury’s and Morrisons have been formally requested by the UK government to cease advertising and promoting heated tobacco products. The Department of Health and Social Care (DHSC) asserts that such advertising contravenes the Tobacco Advertising and Promotion Act 2002, a claim the supermarkets initially disputed, believing their campaigns to be lawful.
Government Intervention on Heated Tobacco Advertising
The government has issued a direct letter to Sainsbury’s and Morrisons, clarifying its stance that the Tobacco Advertising and Promotion Act 2002 applies to all tobacco products currently on the market, including heated tobacco. This move comes after reports in February and June by the BBC highlighted the continued display of advertisements for devices like Philip Morris International’s (PMI) iQos in their stores, often visible to children.
Morrisons had previously argued that the 2002 Act, which defines a tobacco product as something designed to be "smoked, sniffed, sucked or chewed," does not apply to heated tobacco as it does not produce smoke. However, the DHSC maintains that the law encompasses these products, emphasising that "All tobacco products are harmful to health."
Legal Ambiguity and Future Legislation
- Current Legal Stance: While the government believes heated tobacco advertising is banned under existing law, a definitive ruling would require a court case, which has not yet occurred.
- Forthcoming Legislation: The Tobacco and Vapes Bill, currently progressing through Parliament, is expected to conclusively ban all tobacco and vape advertising and sponsorship, providing clearer legal ground.
Sainsbury’s has stated it is in "close contact with the government" and is planning its transition to comply with incoming legislation, while Morrisons is reviewing the letter and will respond "in due course."
Public Health Concerns and Youth Exposure
Surveys conducted by the charity Action on Smoking and Health (ASH) indicate a significant increase in awareness of heated tobacco products, particularly among young adults. Key findings include:
- Nearly a quarter of 11 to 17-year-olds had heard of heated tobacco, a substantial rise from 7.1% in 2022.
- Approximately 2.7% of 11 to 17-year-olds reported trying heated tobacco, a figure ASH describes as "worryingly similar to the levels of use among adults."
Experts suggest that while heated tobacco may be less harmful than traditional cigarettes, it is considered worse than vapes and less effective as a quitting aid. Hazel Cheeseman, Chief Executive of ASH, has urged the government to expedite the passage of the Tobacco and Vapes Bill, stating, "The longer this takes to resolve, the more children will be exposed to tobacco product marketing."
Broader Compliance and Devolved Administrations
Both Asda and Tesco have confirmed they do not accept tobacco advertising. The Tobacco Advertising and Promotion Act applies across the UK, and devolved administrations in Northern Ireland, Wales, and Scotland concur with the DHSC’s interpretation that heated tobacco advertising is prohibited.
