The UK government has formally urged Sainsbury’s and Morrisons to stop advertising heated tobacco products, stating such promotions breach existing laws.

Earlier this year, the BBC reported that both supermarkets were displaying posters and video screens promoting devices like Philip Morris International’s (PMI) iQos, which heats tobacco to release nicotine-containing vapour. At the time, the retailers claimed the advertisements were lawful.

However, in a recent letter, the Department of Health and Social Care (DHSC) clarified that it considers such ads illegal under the Tobacco Advertising and Promotion Act 2002. That law prohibits the promotion of tobacco products, defined as items meant to be "smoked, sniffed, sucked or chewed."

Morrisons has argued that heated tobacco does not fall under this definition because it doesn't involve combustion. PMI also disputes the government's interpretation, maintaining it has followed all relevant laws since launching iQos in 2016.

Despite the controversy, advertising for iQos remained visible in Sainsbury’s and Morrisons stores as recently as June, including areas accessible to children.

Health experts warn that while heated tobacco may be less harmful than cigarettes, it is still more dangerous than vaping and less effective in helping people quit smoking.

A recent survey by Action on Smoking and Health found rising awareness of heated tobacco products, especially among young people. Awareness among 11 to 17-year-olds jumped from 7.1% in 2022 to nearly 25%, with 2.7% in that age group reporting they had tried such products.

Hazel Cheeseman, CEO of the charity, called for swift legislative action:

“It is outrageous that certain supermarkets still do not seem prepared to comply with the law, even when told they are in breach. The longer this takes to resolve, the more children will be exposed to tobacco marketing.”

The situation may ultimately require a court decision to determine whether current law bans such advertising. However, the issue is expected to be resolved through the forthcoming Tobacco and Vapes Bill, which aims to explicitly ban all tobacco and vape advertising and sponsorship. The bill is currently under review in the House of Lords.

While health policy is devolved in the UK, governments in Scotland, Wales, and Northern Ireland have all expressed agreement with the DHSC’s stance. Asda and Tesco confirmed they do not allow tobacco advertising in their stores. Photo by Holborn Circus by Jonathan Thacker, Wikimedia commons.