# Tobacco and Vapes Act 2026, Paragraph 5

Extent: E+W+S+N.I.
Status: prospective

(1) Section 368H (on-demand programme services: prohibited product placement) is amended as follows.
(2) In subsection (4)—
(a) in paragraph (b), after “tobacco products” insert “(or both)”;
(b) for paragraphs (ba) and (bb) substitute—
“(ba) it is of herbal smoking products,
(bb) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of herbal smoking products,
(bc) it is of cigarette papers,
(bd) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of cigarette papers,
(be) it is of vaping products,
(bf) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of vaping products,
(bg) it is of nicotine products,
(bh) it is by or on behalf of an undertaking whose principal activity is the manufacture or sale of nicotine products, or”.
(3) For subsections (15A) and (15B) substitute—
“(15A) Subsection (4)(ba), (bb), (bc), (bd), (bg) and (bh) do not apply in relation to programmes the production of which began before the coming into force of paragraph 5 of Schedule 16 to the Tobacco and Vapes Act 2026.
(15B) Subsection (4)(be)—
(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 5 of Schedule 16 to the Tobacco and Vapes Act 2026.
(15BA) Subsection (4)(bf)—
(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 5 of Schedule 16 to the Tobacco and Vapes Act 2026.
(15BB) In subsections (15B) and (15BA) “vape” and “vaping substance” have the meaning given by section 116 of the Tobacco and Vapes Act 2026.”

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Source: https://www.legislation.gov.uk/ukpga/2026/18/schedule/16/paragraph/5 (the official version)
Page: https://openlegislation.uk/tobacco-and-vapes-act-2026/schedule-16/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.