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.
Indirect advertising refers to the promotion of a product in connection with the advertising of another commodity so that the established emblem of the product or its seller, whether as is or in a modified but identifiable form, is used as the emblem of the other commodity; or advertising for another commodity that otherwise conveys an image of a particular product.
Other promotion activities in the context of the Tobacco Act are considered to cover all measures aiming to result in or promote the consumption and demand for the products referred to in the Tobacco Act. These measures may include a promotional manner of displaying the products. The marketing ban also applies to the markings on products and their retail packaging.
Tobacco sponsorships refer to support given to a public or private event, activity or person, which aims for a direct or indirect promotional effect for tobacco products, tobacco substitutes, electronic cigarettes or nicotine-containing liquids.
Frequently asked questions about marketing
The marketing ban applies to traditional tobacco products, nicotine-containing liquids and electronic cigarettes as well as tobacco substitutes, such as nicotine pouches, nicotine-free snuff-like pouches (so-called energy snuff), tobacco accessories such as lighters, pipes and ashtrays, and tobacco imitations such as pipe-shaped sweets.
Sales points for products referred to in the Tobacco Act may, without breaking the marketing ban, indicate the sales of tobacco products by displaying the retail permit referred to in the Tobacco Act in a place where customers can see it. All sales points of products referred to in the Tobacco Act must also display the sales prohibition notice in a way that the customer can see it.
If the sales point has centralised the sales of products referred to in the Tobacco Act to a limited number of tills, they can be indicated with, for example, an overhanging “Tobacco and e-cigarette products” sign. These signs and the texts on them must be comparable to signage used to indicate other types of products, and they may not violate the marketing ban specified in the Tobacco Act.
Other than the aforementioned exceptions, signs, notifications and bulletins at sales points are, as a rule, in violation of the marketing ban.
No, they cannot. The marketing of tobacco products, tobacco substitutes, smoking accessories, tobacco imitations, electronic cigarettes or nicotine-containing liquids is prohibited. Due to this marketing ban, a seller of tobacco products may not advertise these product groups by highlighting an individual brand or by promoting new products without being asked to do so. It is also in violation of the marketing ban for a cashier to recommend to the customer an alternative tobacco product or suggest a tobacco product brand or other product subject to the marketing ban.
Advertising and other promotion activities in the context of the Tobacco Act are considered to cover all measures aiming to result in or promote the consumption and demand for the products referred to in the Tobacco Act. In addition to traditional advertisements, discounts and bonuses are also considered to be advertising or other promotional measures. Therefore, selling tobacco products and other products referred to in the Tobacco Act is prohibited in the scope of the marketing ban.
The marketing ban of the Tobacco Act also applies to nicotine pouches, which also match the definition of a tobacco substitute. This means that the promotion of any kind of nicotine snuff is prohibited both in sales points, traditional media, and on the Internet. Linking product names, pictures or other product information on an open website is prohibited. All kinds of discounts are also prohibited. Collaboration with social media influencers to promote products also counts as marketing and is, therefore, prohibited.