UK Government Challenges Supermarkets Over Heated Tobacco Advertising
The UK government has ordered supermarket chains Sainsbury’s and Morrisons to stop advertising and promoting heated tobacco products, arguing that such promotions violate existing tobacco advertising laws.
The dispute centers on whether heated tobacco products fall under the UK’s legal definition of tobacco products. While supermarkets previously believed their advertisements were permitted, the government has taken the position that heated tobacco products are covered by the Tobacco Advertising and Promotion Act.
The case highlights growing regulatory scrutiny of heated tobacco products as the UK moves toward stricter restrictions on tobacco and vape marketing.
Key Points of the Heated Tobacco Advertising Dispute
- The UK government asked Sainsbury’s and Morrisons to stop promoting heated tobacco products.
- Authorities argue that heated tobacco products fall under existing tobacco advertising restrictions.
- Philip Morris International said it continues to comply with applicable laws and regulations.
- Supermarkets are reviewing government guidance and preparing compliance adjustments.
- Future legislation may ban all tobacco and vape advertising, potentially ending the legal dispute.
UK Government Says Heated Tobacco Promotions Violate Advertising Rules
According to a BBC report on June 15, the UK government contacted Sainsbury’s and Morrisons regarding advertisements for heated tobacco devices.
In February 2025, both supermarkets displayed promotional materials featuring devices that heat tobacco to generate nicotine-containing vapor.
At the time, the retailers stated that they believed the advertisements complied with existing regulations.
However, the government later argued that these products fall within the scope of tobacco advertising restrictions and requested that the promotions be removed.
Legal Debate Focuses on Definition of Tobacco Products
The dispute is based on the interpretation of UK tobacco legislation introduced in 2002.
The law defines tobacco products as products intended for purposes including:
- Smoking;
- Smelling;
- Sucking;
- Chewing.
Supporters of heated tobacco products argue that these devices do not produce smoke and therefore should not be treated in the same way as traditional tobacco products.
However, the government has taken a broader interpretation, stating that heated tobacco products are covered because they involve tobacco consumption and nicotine delivery.
Philip Morris Defends Regulatory Compliance
Philip Morris International (PMI), one of the leading manufacturers of heated tobacco products, stated that it believes its products comply with applicable regulations.
The company argued that heated tobacco products differ from traditional cigarettes because they heat tobacco rather than burn it.
PMI has maintained that it has followed relevant UK laws since launching its heated tobacco products in the market.
The disagreement highlights ongoing regulatory challenges surrounding how governments classify and regulate newer nicotine products.
Supermarkets Prepare for Compliance Changes
Following the government’s intervention, both supermarket chains have begun reviewing their positions.
A Morrisons spokesperson said the company was reviewing the government’s letter and would respond accordingly.
Sainsbury’s also stated that it maintains communication with government departments and industry partners while preparing a transition plan to ensure compliance with future requirements.
For retailers, the dispute demonstrates the increasing importance of monitoring changes in tobacco and nicotine product regulations.
Future Legislation May End Heated Tobacco Advertising Debate
The current dispute could potentially be resolved through legal proceedings.
However, a broader tobacco and vape advertising bill currently being considered by the House of Lords may eventually prohibit advertising and sponsorship for all tobacco and vaping products.
If the legislation is approved, heated tobacco products would likely face stricter advertising restrictions regardless of the outcome of the current legal debate.
UK Tightens Control Over Tobacco and Nicotine Marketing
The dispute involving Sainsbury’s and Morrisons reflects a wider trend in UK nicotine regulation.
Regulators are increasingly focusing on:
- Product advertising;
- Retail promotions;
- Youth exposure risks;
- Marketing strategies for alternative nicotine products.
As the UK strengthens controls over tobacco and vape-related marketing, manufacturers and retailers will need to closely monitor regulatory developments to maintain compliance.
The future of heated tobacco advertising in the UK may depend not only on current legal interpretations but also on the direction of upcoming tobacco control legislation.
