Marketing of products that are subject to the Tobacco Act
Marketing tobacco and products that are subject to the Tobacco Act is illegal.
The marketing of tobacco products, tobacco substitutes, smoking accessories, tobacco imitations, electronic cigarettes or nicotine-containing liquids is prohibited. Marketing means advertising, indirect advertising, and other sales promotions as well as tobacco sponsorships. Marketing tobacco and products that are subject to the Tobacco prohibited in all is prohibited in all marketing media. The marketing ban also includes a prohibition to link the products referred to in the Tobacco Act to the sale or supply of other products or the provision of services.
The marketing ban does not apply to
- publications that are printed and published outside the EU and that is primarily not intended for the EU market, and whose primary purpose is not the marketing of products that are subject to the Tobacco Act
- new smoking tools considered to be unique collectibles if the brand names are not shown in the marketing
- product information that the product manufacturer provides to participants in the product sales chain (such as persons whose work primarily consists of tobacco product buy-in tasks). Consider, however, that the provision of this information must not be done in an advertising-like manner. This information must be appropriate and neutral, providing an accurate image of the product and its properties to the salesperson.
Marketing ban consideration in stores
It is prohibited to display tobacco products, tobacco substitutes, electronic cigarettes, nicotine-containing liquids, and the brands thereof in retail locations. This ban does not apply to tobacco accessories and substitutes that do not include tobacco product branding. However, displaying these tobacco accessories and substitutes may not be done in a promotional manner. Displaying the aforementioned products is a part of sales promotion activities that are targeted at consumers, due to which it can be evaluated based on the provisions of the Tobacco Act.
The following are examples of promotional product placement and display:
- One product or a set of products is presented on a separate shelf or highlighted in some manner.
- The products have been placed close to children’s products or products that are primarily intended for people under 18, such as sweets or comic books (considerations are given for store size).
- The price of an individual product is highlighted in some way.
- Product names or other branding is displayed in a place other than the retail packaging.
- The retail location displays advertising with promotional statements.
Ban on price rebates
A retail business may not provide price rebates or cash-backs for tobacco products, tobacco substitutes, electronic cigarettes or nicotine-containing liquids that is based on purchases of said products, or other consumer goods or services. Therefore, products referred to in the Tobacco Act may not be promoted in the context of store or restaurant loyalty cards or bonus programmes in such a way that, as a result of the rebate, the purchasing of the products would become cheaper the more of the products or other consumer goods are bought.