Section 126 Advertising defence: public health campaignsI1
United Kingdom Not yet in force
Where a person is charged with an offence under any of sections 118 to 123 in relation to an advertisement whose purpose is to promote vaping products or nicotine products in general, or a category of such products, it is a defence for the person to show that they knew or reasonably believed that they were acting in accordance with arrangements made by a public authority.
A public authority may only make such arrangements for the purposes of promoting or protecting public health.
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—
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
the contrary is not proved beyond reasonable doubt.
A reference in this section to a “category” of vaping products or nicotine products does not include a brand.
Annotations
Commencement
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S. 126 not in force at Royal Assent, see s. 176(2)(c)