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Tobacco advertising ban proposal
22/08/2002
Regulations to be made under the Tobacco Advertising Bill being issued for consultation today could lead to a reduction in the consumption of tobacco products by 2.5%.
The Bill seeks to prohibit tobacco point of sale advertising, sponsorship and brandsharing.
While the Scottish Parliament is responsible for tobacco advertising, the Executive believes the Bill would be more effective if it covers the whole of the UK.
Scottish Ministers will make point of sale and sponsorship regulations in relation to Scotland while the Secretary of State for Health will cover the rest of the UK. The Secretary of State for Health may make regulations on brandsharing for the whole of the UK.
Announcing the consultation, Deputy Health Minister, Mary Mulligan said:
"Smoking remains one of the most damaging factors in Scotland's poor health record. Thousands of Scots die prematurely each year as a result of their smoking. The Executive is determined to do all it can to reverse the trends.
"Tobacco advertising undoubtedly has a powerful influence, particularly on our young people and that is why banning it is such an important part of our tobacco control strategy. While the responsibility for tobacco advertising is devolved to the Scottish Parliament, the Executive has always believed that a Bill that covers the whole of the UK would be much more effective and enforceable.
"I am delighted with the progress the Bill has made in the Westminster Parliament and that it is likely to become law in the autumn and most provisions taking effect by the end of 2002. Also that we are now in position to consult on proposals for Scottish and UK regulations under the Bill to restrict point of sale advertising and to set out a timetable for the ending of tobacco sponsorship and brandsharing."
The Tobacco Advertising and Promotions Bill is currently progressing through the Westminster Parliament. The measures included in the Bill will cover the whole of the UK. The Bill has completed all its stages in the House of Lords and has had its Second Reading and Committee Stage in the House of Commons.
The Bill contains a number of regulation making powers. If the Bill is approved it is proposed to bring regulations covering point of sale advertising, sponsorship and brandsharing at an early stage.
The main issues for consultation include:
- not to allow any other advertising for tobacco products in shops and most other places of sale (apart from specialist tobacconists which will be subject to separate regulation)
- not to allow branded advertising on the home pages of websites and to restrict any other advertising on websites to pictures of the products offered for sale
- to only allow the advertising of tobacco products on gantries within shops and other places of sale within restricted sizes
- not to allow any advertising on catalogues handed to passengers on aircraft and elsewhere. The supply of plain lists indicating what goods are available will be allowed
- to allow on vending machines only a picture of the packet sufficient to show what brands are available in the machine
- to allow existing sponsorship agreements to run until 30 July 2003, with the exception of global events which will be allowed to run until 1 October 2006
- global events taking place in the UK during this period must reduce the total area of visible advertising by 20 per cent each year
- a general prohibition on the shared use of names, emblems and other features between tobacco and non-tobacco products where the purpose of effect is to promote a tobacco product with a transitional period of 18months before the Regulations come into effect
- an exception allowing the use of existing non-tobacco products with a name or other feature which is the same or similar to that of a tobacco product, even where it has the effect of promoting a tobacco product where the use for the non-tobacco product pre-dated that of the tobacco product and where there is no intention of promoting a tobacco product.
The Tobacco Advertising and Promotions Bill contains a number of regulation making powers. Ministers do not intend to exercise all of these at present.
Parallel consultations are being conducted by the UK Government and other devolved administrations in England, Wales and Northern Ireland.
A copy of the consultation document can be accessed through the Scottish Executive website.
The consultation period will last until Friday 8 November 2002.