Regulation 43 No advertising of electronic cigarettes in information society services

(1)

No person may in the course of a business include, or procure the inclusion of, an electronic cigarette advertisement in an information society service provided to a recipient in the United Kingdom.

(2)

No service provider established in F1Northern Ireland may in the course of a business include an electronic cigarette advertisement in an information society service provided to a recipient in an EEA State F2...

(3)

No proceedings for an offence for breach of paragraph (1) M1 may be instituted F3in Northern Ireland against a service provider who is established in F4an EEA State, unless the derogation condition mentioned in paragraph 4 is satisfied.

(4)

The derogation condition is satisfied where the institution of proceedings—

(a)

is necessary for the purposes of public policy, the protection of public health or the protection of consumers (“the objective”);

(b)

relates to an information society service that prejudices the objective or presents a serious and grave risk of prejudice to the objective; and

(c)

is proportionate to the objective.

(5)

F5Paragraph (1) does or, as the case may be, paragraphs (1) and (2) do not apply—

(a)

to an information society service which is intended exclusively for professionals in the trade of electronic cigarettes or refill containers; or

(b)

to an electronic cigarette advertisement which is not principally intended F6—

(i)

where the recipient of the service is in Great Britain, for the market in Great Britain;

(ii)

where the recipient of the service is in Northern Ireland, for the Union market.

(6)

Schedule 1 (liability of intermediary information society service providers) has effect.

Annotations

Textual amendments

F1: Words in reg. 43(2) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(a)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))
F2: Words in reg. 43(2) omitted (31.12.2020) by virtue of S.I. 2019/41, reg. 6(28)(a)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))
F3: Words in reg. 43(3) inserted (31.12.2020) by S.I. 2019/41, reg. 6(28)(b)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))
F4: Words in reg. 43(3) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(b)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))
F5: Words in reg. 43(5) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(c)(i) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))
F6: Words in reg. 43(5)(b) substituted (31.12.2020) by S.I. 2019/41, reg. 6(28)(c)(ii) (as substituted by The Tobacco Products and Nicotine Inhaling Products (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1316), regs. 1(3), 3(33) (with reg. 5))

Marginal citations

M1: See regulation 48(e).