Scottish Government has granted powers to ministers to legislate on the marketing of Nicotine Vaping Products (NVPs).
The powers relate to Chapter 2 of the Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 – Advertising and promotion of Nicotine Vapour Products sections – including:
- Section 17 (Advertising and brand-sharing) – provision to prohibit or restrict the advertisement or use of non-related brands to promote the sale of NVPs.
- Section 18 (Free distribution and nominal pricing) – prohibiting the distribution of free NVPs, including the use of coupons and nominal pricing.
- Section 19 (Sponsorship) – prohibiting the entering of a ‘sponsorship agreement’ in order to promote the sale of NVPs.
It is expected that these powers will allow ministers to legislate on NVP marketing after analysis of the UK government consultation, creating a smokefree generation and tackling youth vaping.
The new regulations will come into force on 31 January 2024.
