Section 15 Free distribution and discount of productsI1
England and Wales
A person commits an offence if—
the person—
gives away a product or coupon to a member of the public or sells a product or coupon at a substantial discount, or
causes or permits that to happen, and
either—
their purpose in doing so is to promote a relevant product, or
the effect of their doing so will be to promote a relevant product and they know, or have reason to suspect, that will be the effect.
In subsection (1) “relevant product” means—
a tobacco product,
a herbal smoking product,
cigarette papers,
a vaping product, or
a nicotine product.
Where a person is charged with an offence under this section of giving away a vaping product or nicotine product, or a coupon for such a product, it is a defence for the person to prove that the product or coupon was given away in accordance with arrangements made by a public authority.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, or a fine, or both;
on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
In this section “coupon” means anything (whether in physical or electronic form) which, by itself or together with something else, can be redeemed for a product or service or for cash or any other benefit.