{
  "url": "https://openlegislation.uk/tobacco-advertising-and-promotion-brandsharing-regulations-2004/regulation-5",
  "json_url": "https://openlegislation.uk/tobacco-advertising-and-promotion-brandsharing-regulations-2004/regulation-5.json",
  "legislation": "uksi/2004/1824",
  "legislation_title": "The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004",
  "legislation_url": "https://openlegislation.uk/tobacco-advertising-and-promotion-brandsharing-regulations-2004",
  "path": "regulation/5",
  "kind": "regulation",
  "number": "5",
  "heading": "Point of sale brandsharing",
  "text": "(1) The prohibitions in regulation 3 do not apply where paragraph (2) or (3) applies.\n(2) This paragraph applies where—\n(a) any feature is used—\n(i) in the course of a business; and\n(ii) at a place where tobacco products are sold;\non a gantry or display unit;\n(b) the only feature that promotes a tobacco product consists of an advertisement presented in a two dimensional format—\n(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\n(ii) which consists of any feature of the tobacco product and no other information;\n(c) the surface area of all advertisements on the gantry or display unit does not in total exceed A5 size;\n(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\n(e) the health warning and health information are parallel to the floor.\n(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—\n(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;\n(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—\n(i) is not less than 3 millimetres nor more than 4 millimetres in width;\n(ii) is outside the area occupied by the health warning; and\n(iii) does not interfere with the text of the warning; and\n(c) is no larger than the surface area of the largest face of the packet of the tobacco product depicted.\n(4) Where paragraph (2) or (3) applies, the exceptions in regulation 4 do not apply.\n(5) In paragraph (3) “vending machine” means a tobacco vending machine which contains tobacco products which are not visible prior to purchase.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2004/1824/regulation/5",
    "retrieved_at": "2026-10-29T05:22:34.666627+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}