Paragraph 2 I1

In section 319 (OFCOM’s standards code for television and radio) for subsections (10) and (11) substitute—

“(10)

So far as relating to product placement falling within paragraph 4(ba), (bb), (bc), (bd), (bg) or (bh) of Schedule 11A (herbal smoking products, cigarette papers and nicotine products) subsection (2)(fa) does not apply in relation to programmes the production of which began before the coming into force of paragraph 7 of Schedule 16 to the Tobacco and Vapes Act 2026.

(11)

So far as relating to product placement falling within paragraph 4(be) of Schedule 11A (vaping products), subsection (2)(fa)—

(a)

does not apply in relation to programmes the production of which began before 20 May 2016, and

(b)

in relation to the product placement of—

(i)

vaping substances that do not contain nicotine, or

(ii)

vapes which are intended solely for use with substances that do not contain nicotine,

does not apply in relation to programmes the production of which began before the coming into force of paragraph 7 of Schedule 16 to the Tobacco and Vapes Act 2026.

(11A)

So far as relating to product placement falling within paragraph 4(bf) of Schedule 11A (undertakings whose principal activity is the manufacture or sale of vaping products) subsection (2)(fa)—

(a)

does not apply in relation to programmes the production of which began before 1 November 2020, and

(b)

in relation to product placement by or on behalf of an undertaking whose principal activity is the manufacture or sale of—

(i)

vaping substances that do not contain nicotine, or

(ii)

vapes which are intended solely for use with substances that do not contain nicotine,

(or both) does not apply in relation to programmes the production of which began before the coming into force of paragraph 7 of Schedule 16 to the Tobacco and Vapes Act 2026.

(11B)

In subsections (11) and (11A) “vape” and “vaping substance” have the meaning given by section 116 of the Tobacco and Vapes Act 2026.”