{
  "url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-125",
  "json_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-125.json",
  "legislation": "ukpga/2026/18",
  "legislation_title": "Tobacco and Vapes Act 2026",
  "legislation_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026",
  "path": "section/125",
  "kind": "section",
  "number": "125",
  "heading": "Advertising defences: general",
  "text": "(1) Where a person is charged with an offence under any of sections 118 to 123 in relation to an advertisement it is a defence for the person to show that—\n(a) it is, or is contained in, a communication that is made in the course of business which is part of a relevant trade and it is made for the purpose of that trade and directed solely at relevant persons involved in that trade (see subsection (2)),\n(b) it is, or is contained in, a reply to a particular request by an individual for information about a tobacco product, a herbal smoking product, cigarette papers, a vaping product or a nicotine product, or\n(c) it is contained in a publication, other than in an in-flight magazine—\n(i) which is printed outside the United Kingdom, and\n(ii) whose principal market is not the United Kingdom (or any part of the United Kingdom).\n(2) For the purposes of subsection (1)(a)—\n“relevant person”: a person is a “relevant person” involved in a relevant trade if the person is engaged in, or employed by, a business which is part of that trade and the person—\n(a) is responsible for making decisions on behalf of that business about the purchase of tobacco products, herbal smoking products, cigarette papers, vaping products or nicotine products which are to be sold in the course of the business,\n(b) occupies a position in the management structure of the business which is equivalent in seniority to, or of greater seniority than, that of a person who is responsible as mentioned in paragraph (a), or\n(c) is responsible for the conduct of the business or is a member of the board of directors or other body of persons (however described) that is responsible for the conduct of the business;\n“relevant trade” means—\n(a) the tobacco products trade,\n(b) the herbal smoking products trade,\n(c) the cigarette papers trade,\n(d) the vaping products trade, or\n(e) the nicotine products trade.\n(3) Where in accordance with subsection (1) it is a defence for a person charged with an offence to show a particular matter, the person is taken to show that matter if—\n(a) sufficient evidence of the matter is adduced to raise an issue with respect to it, and\n(b) the contrary is not proved beyond reasonable doubt.",
  "extent": "E+W+S+N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 125 not in force at Royal Assent, see s. 176(2)(c)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2026/18/section/125",
    "retrieved_at": "2026-10-31T10:30:55.816893+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."
}