Two of the UK’s largest supermarket chains, Sainsbury’s and Morrisons, have come under scrutiny from the government for allegedly promoting heated tobacco products in a manner that may breach advertising laws. The Department of Health and Social Care has formally written to both retailers, warning them to stop “advertising and promoting” these products, which officials claim is unlawful.
The controversy stems from a BBC investigation earlier this year, which uncovered promotional displays in-store — including posters and video screens — showcasing heated tobacco devices. These products, which use an electric current to heat tobacco and release nicotine-containing vapour, have become increasingly visible in retail spaces, marketed as alternatives to traditional smoking.
Both supermarkets initially defended the practice, insisting their in-store advertising was within legal bounds. However, the government has taken a different view, prompting the latest correspondence urging them to reconsider their approach.
In response, Sainsbury’s said it is in “close contact with the government” over the matter, suggesting it is actively reviewing its position. Morrisons confirmed it had received the letter and would reply “in due course.”
Legal Ambiguity
The legal status of heated tobacco advertising remains murky. Under the Tobacco Advertising and Promotion Act 2002, advertising tobacco products is largely prohibited in the UK. This includes bans across television, print, and in-store promotional displays. However, the law was drafted prior to the advent of heated tobacco technologies, and as such, these newer products exist in a legislative grey zone.
Unlike e-cigarettes, which are covered under separate regulations, heated tobacco products straddle the line between traditional tobacco and electronic delivery systems. This has left room for interpretation by retailers and regulators alike.
Anti-smoking campaigners argue that any public promotion of products containing tobacco undermines public health efforts and could risk normalising nicotine use, especially among younger demographics. Meanwhile, manufacturers and retailers argue that these alternatives offer harm reduction potential and should be allowed to be marketed responsibly.
Call for Clarity
This latest episode underscores the urgent need for clearer government guidance on how retailers should handle newer nicotine technologies. With the tobacco landscape evolving rapidly, many experts believe the UK regulatory framework must be updated to reflect current realities.
Until then, retailers are likely to continue treading carefully — balancing commercial interests with legal obligations and growing public health pressure.