{
  "url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-129",
  "json_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026/section-129.json",
  "legislation": "ukpga/2026/18",
  "legislation_title": "Tobacco and Vapes Act 2026",
  "legislation_url": "https://openlegislation.uk/tobacco-and-vapes-act-2026",
  "path": "section/129",
  "kind": "section",
  "number": "129",
  "heading": "Brandsharing",
  "text": "(1) The Secretary of State may by regulations make provision prohibiting or restricting brandsharing in relation to—\n(a) tobacco products;\n(b) herbal smoking products;\n(c) cigarette papers;\n(d) vaping products;\n(e) nicotine products.\n(2) In subsection (1) “brandsharing”, in relation to such a product (a “relevant product”), means—\n(a) the use in connection with a service or product (other than the relevant product) of anything which is the same as, or similar to, a name, emblem or any other feature identified with the relevant product, or\n(b) the use in connection with the relevant product of anything which is the same as, or similar to, a name, emblem or other feature identified with a service or product other than the relevant product,\nwhere the purpose of the use is, or the effect of the use will be, to promote the relevant product.\n(3) Regulations under this section may create offences in relation to a failure to comply with the regulations.\n(4) The regulations must provide for any offence to be triable either way and punishable—\n(a) on conviction on indictment, by imprisonment for a term not exceeding 2 years, or a fine, or both;\n(b) on summary conviction—\n(i) in England and Wales, by imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;\n(ii) in Scotland, by imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum, or both;\n(iii) in Northern Ireland, by imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum, or both.\n(5) Before making regulations under this section the Secretary of State must obtain the consent of—\n(a) the Scottish Ministers, if the regulations contain provision which would be within the legislative competence of the Scottish Parliament if contained in an Act of the Scottish Parliament;\n(b) the Department of Health in Northern Ireland, if the regulations contain provision which—\n(i) would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of the Assembly, and\n(ii) would not, if it were contained in a Bill for an Act of the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.\n(6) Regulations under this section are subject to the affirmative resolution procedure.",
  "extent": "E+W+S+N.I.",
  "status": "prospective",
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 129 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/129",
    "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."
}