The government has directed major supermarket chains Sainsbury’s and Morrisons to stop advertising heated tobacco products in the UK, following concerns that their current promotional displays breach existing legislation.

The Department of Health and Social Care has written formal letters to both retailers, clarifying that the Tobacco Advertising and Promotion Act 2002 applies to all tobacco products currently available in stores, including heated tobacco devices such as iQos.

Heated Tobacco Products Under Scrutiny

Both supermarket chains have prominently displayed video screens and promotional posters showcasing heated tobacco devices since February. These tobacco advertising materials promote products that deliver nicotine by heating tobacco rather than burning it, creating a vapour that users inhale.

Philip Morris International’s iQos device features heavily in these promotional campaigns, with advertisements visible to children in store locations. The company maintains that its tobacco advertising in UK practices comply with current regulations, disputing the government’s interpretation of existing laws.

Legal Interpretation Disputed

The controversy centres on how the 2002 legislation defines tobacco products. Morrisons argues that heated tobacco devices fall outside the tobacco advertising in UK ban because they don’t produce smoke, instead creating vapour through electrical heating.

Japan Tobacco International, manufacturer of the competing Ploom device, supports this interpretation. The company contends that since the law specifically mentions products that are “smoked, sniffed, sucked or chewed,” heated tobacco products occupy a different regulatory category.

Rising Youth Awareness Concerns

Recent surveys by Action on Smoking and Health reveal alarming trends in youth exposure to heated tobacco products. Among 11 to 17-year-olds, nearly a quarter had heard of heated tobacco in 2025, representing a significant increase from just 7.1% in 2022.

The charity’s research shows that 2.7% of young people have tried heated tobacco products, with 0.7% currently using them. These figures highlight the potential impact of tobacco advertising in UK on vulnerable demographics.

Health Implications

Medical experts suggest heated tobacco products occupy a middle ground in terms of health risks. Professor Lion Shahab from University College London indicates these products are likely less harmful than traditional cigarettes but potentially more dangerous than e-cigarettes.

The limited research available suggests heated tobacco may be less effective than vapes for helping smokers quit long-term, raising questions about their role in tobacco harm reduction strategies.

Supermarket Responses

Sainsbury’s has indicated it remains in “close contact with the government” regarding the tobacco advertising in UK concerns, whilst planning compliance with upcoming legislation. The retailer previously maintained its promotional displays were legal under current regulations.

Morrisons stated it would respond to the government letter “in due course,” continuing to review its position on heated tobacco product promotion.

Regulatory Clarity Coming

The ongoing tobacco advertising in UK dispute will likely be resolved through the Tobacco and Vapes Bill, currently progressing through Parliament. This legislation aims to ban all tobacco and vape advertising comprehensively, removing current ambiguities about heated tobacco products.

Lawmakers expect the bill to provide definitive clarity on UK tobacco advertising restrictions, potentially ending the legal debate between retailers and health authorities.

Industry Split

Not all major retailers have embraced heated tobacco promotion. Tesco and Asda have both confirmed they do not accept tobacco advertising in UK, citing compliance with existing legislation as their reasoning.

This split in industry approach highlights the ongoing uncertainty around current tobacco advertising in UK rules and their application to newer nicotine products.

Enforcement Challenges

The Chartered Trading Standards Institute describes the promotional displays as “prohibited” but acknowledges that no court has ever tested the issue. Stretched enforcement resources and court backlogs have complicated efforts to address potential tobacco advertising in UK violations.

Trading Standards officials suggest this enforcement gap may explain why heated tobacco promotion has continued despite regulatory concerns.

The government’s intervention significantly clarifies UK tobacco advertising rules and will influence how newer nicotine products are marketed to UK consumers in the future.

Source: dbrecoveryresources