Sainsbury’s and Morrisons are under investigation by Trading Standards for displaying advertisements promoting heated tobacco devices, which experts and regulatory bodies claim may violate UK tobacco advertising laws.
Despite the 2002 ban on tobacco advertisements, customers entering certain locations of these major supermarkets are encountering video screens and posters promoting iQos and Ploom, two devices that heat tobacco to deliver nicotine without the use of combustion.
These devices are positioned in high-visibility areas, including near checkout counters and aisles where they can be easily seen by children.
The devices, which are marketed as less harmful than traditional cigarettes, have become a new focus for tobacco companies as they attempt to replace dwindling cigarette sales.
However, health experts caution that while heated tobacco may present less risk than cigarettes, it is still likely more harmful than e-cigarettes, which contain nicotine but no tobacco.
The Chartered Trading Standards Institute (CTSI), which represents local authority trading standards teams, has flagged these in-store ads as “prohibited” under the Tobacco Advertising and Promotion Act 2002.
According to CTSI, the law bans the promotion of tobacco products in most public spaces, including retail stores, with only limited exceptions.
However, the question of whether heated tobacco devices are included in this prohibition remains unresolved, as the issue has never been tested in court.
Kate Pike, lead officer for tobacco and vaping at CTSI, told the BBC, “The only people who can definitively test it are the courts. 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.”
Pike added that the supermarkets’ actions were “taking the mick,” pointing to the apparent disregard for the spirit of tobacco advertising regulations.
While tobacco companies argue that the 2002 ban on tobacco advertisements does not apply to their new heated devices, critics are concerned that the promotion of such products undermines public health efforts, especially with younger audiences exposed to them in store environments.
The devices are often displayed prominently on digital screens, further increasing the likelihood that they will attract attention from underage shoppers.
Prof. Lion Shahab, co-director of the tobacco and alcohol research group at University College London, explained that while heated tobacco may be less harmful than traditional cigarettes due to the absence of combustion, it still carries health risks.
“Current findings suggest that heated tobacco may be more harmful than e-cigarettes and less effective at helping smokers give up cigarettes long-term,” he said.
Sainsbury’s and Morrisons have defended their advertising practices, with both supermarkets claiming that the laws banning tobacco advertisements do not apply to heated tobacco devices.
They argue that these devices are distinct from traditional cigarettes and thus should not be governed by the same restrictions.
As the debate over the legality of these advertisements continues, experts and regulators are calling for clearer guidelines and legal action to ensure that advertising rules keep pace with the evolving tobacco market.
Until the matter is addressed in court, it remains uncertain whether the supermarkets will be required to remove the controversial ads from their stores.
