Who: The UK Parliament, the European Commission
Where: United Kingdom, European Union
When: 29 April 2026 and 18 May 2026
Law stated as at: 19 June 2026
What happened
The UK and EU are both moving to tighten controls on tobacco and vaping advertising, though at different stages. In the UK, new legislation has introduced prohibitions on the advertising and sponsorship of tobacco, vaping, nicotine and herbal smoking products. Meanwhile, the European Commission has launched a consultation on modernising its own tobacco advertising and product rules.
UK Tobacco and Vapes Act 2026
The Tobacco and Vapes Act 2026 received Royal Assent on 29 April. Described by the government as a “step towards a smoke-free UK and protecting people from the harms of tobacco”, the Tobacco and Vapes Act, among other things, prohibits the sale of tobacco to anyone born on or after 1 January 2009 and introduces several advertising-related restrictions.
The legislation makes criminal offences for a person, acting in the course of business, to publish, design, print or distribute, or cause the publication or distribution of, an advertisement in the UK whose purpose or effect will be to promote tobacco, vaping, nicotine or herbal smoking products and cigarette papers. Businesses carrying on operations in the UK that provide internet services through which prohibited ads are published or distributed also commit an offence. Exceptions apply to mere conduits, caching and hosting services, provided they comply with certain conditions.
Defences are available, for example, where the advert is a trade communication directed solely at relevant persons in the industry, a reply to a specific request for product information, or contained in a publication printed and principally marketed outside the UK (except for in-flight magazines).
The secretary of state is empowered to make regulations prohibiting or restricting brand sharing in relation to tobacco, herbal smoking, vaping, nicotine products and cigarette papers.
Sponsorship agreements whose purpose or effect is to promote tobacco products in the UK give rise to a criminal offence. A person commits an offence if they are party to an agreement under which a business contribution is made towards something whose purpose or effect is to promote a tobacco product in the UK, and they knew or had reason to suspect as much. Equivalent offences apply to agreements promoting herbal smoking, vaping and nicotine products and cigarette papers, but only where the agreement is entered into on or after the relevant commencement date.
Where an offence under the “Advertising and sponsorship” part of the Tobacco and Vapes Act is committed by a body corporate with the consent, connivance or neglect of a director or equivalent officer, that individual is also personally liable.
It also confers powers on the secretary of state to make regulations which, among other things, impose prohibitions or requirements on retailers in relation to the display of relevant products and prices. It also makes it an offence to give away products or coupons, or to sell them at a substantial discount, with the aim of promoting those products.
European Commission consultation on updating tobacco and vaping advertising rules
In a parallel development, the European Commission has been reassessing its own tobacco advertising and product rules. In April 2026, the Commission published an evaluation of the Tobacco Products Directive and the Tobacco Advertising Directive, which govern the manufacture, presentation and sale of tobacco and related products, as well as their advertising and sponsorship. The Commission found that while the directives have contributed to a decline in smoking prevalence, significant challenges remain, particularly among young people. Those challenges include divergent national rules, growing evidence of health risks from products not currently covered by the directives and the inadequacy of existing rules to address digital marketing practices, including promotion via social media and influencers.
The Commission now intends to update its tobacco control rules, developing policy options to: introduce further requirements for products currently covered by the directives; extend the scope of the legislation to novel products and introduce more flexibility to address product developments; strengthen rules on labelling, packaging, digital marketing and advertising; and simplify certain provisions.
The Commission published a call for evidence, which closed on 15 June, and launched a public consultation, which closes on 14 August 2026.
Why this matters
The UK’s new prohibitions on tobacco and vaping advertising expose businesses to criminal liability for non-compliant advertising and sponsorship. Retailers operating in the UK want to review all marketing activity for tobacco and other products covered by the Tobacco and Vapes Act to ensure compliance. Meanwhile, the European Commission’s consultation signals that tighter EU-wide rules on digital marketing, including social media and influencer promotion, are on the horizon.
