Regulation 4 Exceptions

it was not the purpose of the person’s use to promote a tobacco product, or (as the case may be) the tobacco product in question; and

the person could not reasonably have foreseen that that would be its effect.

when the person uses any feature in connection with a non-tobacco product or service, he does not do so for the purpose of promoting a tobacco product;

that person is not, and is not employed or commissioned by—

the feature is not used by that person under any agreement or licence, or any series of agreements, licences or both, to which at least one party is a tobacco producer or promoter.

when the person uses any feature in connection with a non-tobacco product or service, he does not do so for the purpose of promoting a tobacco product;

the feature was first used in connection with a non-tobacco product or service on or before 1st September 2002 in an area which was then F1... part of the European Economic Area F2or which became part of the European Economic Area after that date but before exit day; and

the presentation of the feature of the non-tobacco product or service does not make it appear that it belongs to the same brand as any tobacco product.

the person who is using a feature in connection with a non-tobacco product or service does not know that the purpose or effect of using the feature is, or is likely to be, to promote a tobacco product; and

the use of the feature does not make it appear that the same person, firm or company is responsible for the branding of both the tobacco product and the non-tobacco product or service (whether that is in fact so or not).

it was not the purpose of the person’s use to promote a tobacco product, or (as the case may be) the tobacco product in question, through the association which any relevant feature has with any non-tobacco product or service; and

the person could not reasonably have foreseen that that would be its effect.

when the person uses any feature in connection with a tobacco product, he does not do so for the purpose of promoting a tobacco product through the association which that feature has with any non-tobacco product or service;

the person is not, and is not employed or commissioned by—

the feature is not used by that person under any agreement or licence, or any series of agreements, licences or both, to which at least one party is a tobacco producer or promoter.

when the person uses any feature in connection with a tobacco product, he does not do so for the purpose of promoting a tobacco product through the association which that feature has with any non-tobacco product or service;

the feature was first used in connection with a tobacco product on or before 1st September 2002 in an area which was then F3... part of the European Economic Area F4or which became part of the European Economic Area after that date but before exit day; and

the presentation of the feature of the tobacco product does not make it appear that it belongs to the same brand as any non-tobacco product or service.

the person who is using a feature in connection with a tobacco product does not know that the purpose or effect of using the feature is, or is likely to be, to promote a tobacco product through the association which the feature has with any non-tobacco product or service; and

the use of the feature does not make it appear that the same person, firm or company is responsible for the branding of both the tobacco product and the non-tobacco product or service (whether that is in fact so or not).