Regulation 5 Point of sale brandsharing

(1)

The prohibitions in regulation 3 do not apply where paragraph (2) or (3) applies.

(2)

This paragraph applies where—

(a)

any feature is used—

(i)

in the course of a business; and

(ii)

at a place where tobacco products are sold;

on a gantry or display unit;

(b)

the only feature that promotes a tobacco product consists of an advertisement presented in a two dimensional format—

(i)

with a surface area which does not exceed A5 size (or two or more advertisements with a surface area which in total does not exceed A5 size); and

(ii)

which consists of any feature of the tobacco product and no other information;

(c)

the surface area of all advertisements on the gantry or display unit does not in total exceed A5 size;

(d)

the advertisement (or if more than one, each of them) contains the health warning and health information in accordance with the Schedule to these Regulations; and

(e)

the health warning and health information are parallel to the floor.

(3)

This paragraph applies where any feature is used to promote a tobacco product on a vending machine and the only features used on that machine to promote a tobacco product are contained in an advertisement which—

(a)

consists only of a single picture of the packet of a tobacco product which is for sale from that vending machine or, if more than one tobacco product is for sale from that machine, a single picture of the packet of some or each of those products;

(b)

includes a health warning which is identical to a health warning which is required to be shown on the most visible surface of the tobacco product to which the picture relates and which occupies not less than 30% of the surface area of the advertisement and is surrounded by a black border which—

(i)

is not less than 3 millimetres nor more than 4 millimetres in width;

(ii)

is outside the area occupied by the health warning; and

(iii)

does not interfere with the text of the warning; and

(c)

is no larger than the surface area of the largest face of the packet of the tobacco product depicted.

(4)

Where paragraph (2) or (3) applies, the exceptions in regulation 4 do not apply.

(5)

In paragraph (3) “vending machine” means a tobacco vending machine which contains tobacco products which are not visible prior to purchase.