Article 4L Free distribution and discounts of productsF1

(1)

A person commits an offence if—

(a)

the person—

(i)

gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or

(ii)

causes or permits that to happen, and

(b)

either—

(i)

their purpose in doing so is to promote a relevant product, or

(ii)

the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.

(2)

In paragraph (1) “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

cigarette papers,

(d)

a vaping product, or

(e)

a nicotine product.

(3)

Where a person is charged with an offence under this Article of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.

(4)

A person guilty of an offence under this Article is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both;

(b)

on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.

(5)

In this Article “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.

Annotations

Textual amendments

F1: Art. 4L and cross-heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), ss. 84, 175(1)

Notes on Part II

Textual amendments

F1: Words in Pt. II heading omitted (29.10.2026) by virtue of Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 14 para. 2