The British government has contacted Sainsbury’s and Morrisons, two of the UK’s largest supermarket chains, asking them to stop “advertising and promoting” heated tobacco products, which it says is against the law, according to the BBC. It was reported in February that both supermarkets were displaying posters and video screens showing devices that create a “nicotine-containing vapor by heating tobacco with an electric current.” At the time, both supermarkets said they believed the adverts were legal.
Since 2002, the law has defined a tobacco product as something designed to be “smoked, sniffed, sucked or chewed.” Those supporting heated products point out that such products do not produce smoke, and Philip Morris International says it believes the Department of Health’s interpretation of the law is wrong, and says it has “complied with all applicable laws and regulations” since it launched its heated product, iQos, in 2016.
The government has now written to the supermarkets saying that, in its opinion, the law does apply to heated products.
A spokesperson for Morrisons said it was reviewing the letter and would respond “in due course.” Sainsbury’s said, “We remain in close contact with the government and industry partners and are planning our transition to ensure we also comply with planned incoming legislation.”
It would likely take a court case to settle this dispute; however, currently, there is a bill at the committee stage in the House of Lords that is expected to conclusively ban all tobacco and vape advertising and sponsorship, making other legal actions futile.
