Section 8A Free distribution and discount 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 by retail 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 subsection (1) “relevant product” means—

(a)

a tobacco product,

(b)

a herbal smoking product,

(c)

a smoking related product,

(d)

a vaping product, or

(e)

a nicotine product.

(3)

A person who commits an offence under this section is liable—

(a)

on summary conviction, to imprisonment for a term not exceeding 12 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.

(4)

In this section “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: Ss. 8A, 8B and cross-heading inserted (29.4.2026 for specified purposes, 29.10.2026 in so far as not already in force) by Tobacco and Vapes Act 2026 (c. 18), ss. 65(1), 175(1)(2)

Notes on Part 1

Textual amendments

F1: Pt. 1 heading substituted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(1), Sch. 8 para. 2 (with Sch. 8 para. 20)
F2: Words in Pt. 1 heading inserted (29.10.2026) by Tobacco and Vapes Act 2026 (c. 18), s. 175(7), Sch. 9 para. 2; S.S.I. 2026/210, reg. 2(1)

Notes on Chapter 1

Textual amendments

F1: Pt. 1 Ch. 1 title substituted (1.4.2017) by Health (Tobacco, Nicotine etc. and Care) (Scotland) Act 2016 (asp 14), ss. 15(1), 36(2); S.S.I. 2017/12, reg. 2, sch.