Sainsbury’s and Morrisons, the second and fifth largest supermarket chains in the U.K. respectively, are being accused by the Chartered Trading Standards Institute (CTSI) of displaying ads for “tobacco products” in their stores, a violation of a law passed in 2002.
Video screens and posters at the stores promote devices that deliver nicotine by heating tobacco rather than burning it, products that the two stores say are not covered under the advertising law.
Previously, Japan Tobacco International, which makes heated devices, said the 2002 law defines a tobacco product “as something that is smoked, sniffed, sucked, or chewed,” and because heated tobacco products do not produce smoke, they aren’t covered by that definition. The supermarkets used the same argument, with a statement from Morrisons saying, “On that basis, we are comfortable that it is legal for heated tobacco products to be advertised in store.”
CTSI says the issue has never been tested in court, so it cannot say conclusively that running the ads is illegal.
“The only people who can definitively test it are the courts,” said Kate Pike, lead officer for tobacco and vaping at CTSI. “Now the courts are chocka. Trading Standards is very stretched, and I think that’s probably the reason why you’re seeing more and more of these ads.”
A spokesperson for the government would not weigh in on the current debate but said a forthcoming bill would expand the ban to all advertising of nicotine and tobacco products including nicotine pouches and vapes.
“This government’s landmark Tobacco and Vapes Bill will enhance existing legislation, including on advertising, and put us on track for a smoke-free UK,” the spokesperson said.
