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IPA responds to Scottish Health Bill regarding NVPs

The IPA has this week responded to the Call for Views on the Scottish Health Bill, commenting on the provisions regarding the promotion of Nicotine Vapour Products (NVPs).


Whilst the IPA fully supports policies intended to promote public health, it does not believe that the provisions of chapter 2 of the Bill, which could result in the prohibition or restriction of the advertising and promotion of NVPs, would achieve that aim.

In its response, the IPA states its belief that NVPs serve a valuable public health benefit, helping people to give up the use of tobacco products.

It also highlights that the advertising of NVPs is well regulated by the mandatory CAP and BCAP Codes, overseen by the Advertising Standards Authority. These rules are broad and include, for example that:

  • marketing communications for e-cigarettes must be socially responsible.
  • marketing communications must contain nothing which promotes the use of a tobacco product or shows the use of a tobacco product in a positive light.
  • marketing communications must not encourage non-smokers or non-nicotine-users to use e-cigarettes.
  • marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture.
  • people shown using e-cigarettes or playing a significant role must neither be, nor seem to be, under 25.
  • marketing communications must not be directed at people

Says Richard Lindsay, IPA Director of Legal & Public Affairs: “The advertising of electronic cigarettes (which includes NVPs) is already well-regulated under the CAP and BCAP Codes. Prohibiting or otherwise restricting the advertising of NVPs could have a detrimental effect on public health – the opposite effect of that intended by the restrictions contained in the Bill - and a negative impact on the advertising and marketing communications industry in Scotland.”

For further information about the Bill:

Last updated 06/08/2015

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