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. Smokeless nicotine products, such as nicotine pouches, are considered tobacco substitutes and are thus subject to the marketing ban.
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.
Marketing ban consideration in stores
At retail outlets, it is prohibited to display
- tobacco products,
- tobacco substitutes (including smokeless nicotine products such as nicotine pouches),
- electronic cigarettes,
- nicotine-containing liquids,
- smoking accessories intended for heating tobacco products,
- and trademarks of the products listed above.
The display ban does not apply to smoking accessories not intended for heating tobacco products and that do not bear trademarks of tobacco products. The ban also does not apply to tobacco imitations that do not bear such trademarks. However, the display of these smoking accessories and tobacco imitations must not be presented in a promotional manner. The display of the aforementioned products constitutes a form of sales promotion targeted at consumers and may therefore be assessed under the marketing 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 retailer may not offer or pay a price rebate or cashback on tobacco products, tobacco substitutes, smoking accessories, tobacco imitations, electronic cigarettes or nicotine-containing liquids, if the rebate is based on the purchase of the said products or on the purchase of other consumer goods or services. Smokeless nicotine products, such as nicotine pouches, are also considered tobacco substitutes and are subject to the price rebate ban.
Due to the price rebate ban, the sale of products referred to in the Tobacco Act may not be promoted in connection with store or restaurant loyalty cards or bonus programmes in such a way that the more of the products – or other consumer goods – a person buys, the cheaper the tobacco-related products would become because of the rebate.
Advertising, sales promotion and sponsorship
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 (for example smokeless nicotine products), 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-free snuff-like pouches (so-called energy snuff), smokeless nicotine products, such as nicotine pouches, tobacco accessories such as lighters, pipes and ashtrays, and tobacco imitations such as pipe-shaped sweets.
Points of sale for products referred to in the Tobacco Act may, without violating the marketing ban, indicate the sale of tobacco products by displaying the retail licence, as referred to in the Act, in a location visible to customers. All such points of sale must also display a sales prohibition notice in a way that ensures it is clearly visible to customers.
If the sale of products referred to in the Tobacco Act is centralised at a limited number of checkouts, these locations may be indicated, for example, with signage such as “Tobacco and e-cigarette products” or “Nicotine products” placed above the relevant tills. These signs and their wording must be comparable to signage used to indicate the sale of other types of products and must not violate the marketing ban defined in the Tobacco Act.
Apart from the exceptions mentioned above, signs, notifications and bulletins displayed at points of sale are generally considered to violate the marketing ban.
No, they cannot. The marketing of tobacco products, tobacco substitutes (e.g. smokeless nicotine products such as nicotine pouches), 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.
No. Under the Tobacco Act, advertising and other promotional activities include all measures intended to generate or increase the consumption and demand for products covered by the Act. In addition to traditional forms of advertising, offering discounts or bonuses is also considered a form of advertising or sales promotion. Therefore, selling tobacco products and other products referred to in the Tobacco Act, such as nicotine pouches, at a discounted price is prohibited under the marketing ban.
No. 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 pouches 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.