Tobacco firm’s vape adverts could face a legal challenge

Trading Standards claims Philip Morris posters for alternative to smoking breach long-standing ban

THE Government has accused one of the world’s largest tobacco firms of illegally targeting UK consumers with adverts. An investigation by The Daily

Telegraph found Philip Morris, a company that makes the Marlboro brand of cigarettes, is supplying newsagents across Britain with window posters promoting new IQOS tobacco heaters.

Philip Morris says it has spent £3billion developing an electronic “heat not burn” system which generates a vapour that contains nicotine, which it is marketing as a healthier alternative to smoking cigarettes.

However, Public Health England has warned that more research is needed to establish the health implications of the products while the National Trading Standards Institute said the posters were in breach of a strict and longstanding ban on advertising tobacco and tobacco-related products.

Speaking about this newspaper’s findings, Steve Brine, the public health minister, said: “It’s completely unacceptable for organisations to be promoting tobacco products – smoking kills, and that’s why we have clear, strict rules in place protecting people from its harmful effects.”

Peter Nixon, UK managing director at Philip Morris, defended the adverts, claiming they were lawful because tobacco advertising laws were designed for cigarettes, not new-style tobacco heaters which he said were lower risk and designed to help people quit smoking cigarettes.

It is understood that the disagreement could result in court action. Unlawful advertisement of tobacco can result in a financial penalty or even a custodial sentence of up to six months.

Deborah Arnott, chief executive of Action on Smoking and Health, described Philip Morris’ stance as “barefaced cheek”.

“The legislation is very clear that advertising which has the effect of promoting tobacco products is illegal. That includes IQOS, just as it includes pipes used for smoking tobacco. It’s a barefaced cheek for Philip Morris to argue otherwise,” she said. Following the investigation by The

Telegraph, trading standards departments were studying the posters for IQOS products that were found in newsagents.

Meanwhile, the Advertising Standards Authority was investigating a paid-for Philip Morris newspaper advert promoting the devices as a “better” alternative to smoking.

Philip Morris insists the advert is in line with the Government’s own antismoking message.

Yesterday, the firm’s chief financial officer said it was trying to wean middle-aged and older smokers off cigarettes by selling them the devices.

The company also funded promotional parties organised by The Social PR, the publicity firm directed by Love

Island star Scott Thomas.

His events have been attended by celebrities including Ryan Thomas, a

Coronation Street actor and Carley Jones, a health food shop owner and opinion “influencer”.

Both were pictured in posts surrounding the events, which contained IQOS related hashtags including #IQOS and #IQOSUK.

Ms Jones – a non smoker – said she had no prior knowledge of the event and “just fancied a nice free-of-charge night with a friend”.

Philip Morris said the events were aimed at smokers only. There is no suggestion that these events or social media posts were unlawful.

In a post relating to a separate event, Uk-based blogger Benny Hancock, who has more than 180,000 followers, used the #iqos and #iqosuk hashtags.

The post appeared to have been sponsored as it carried the letters “AD”. Mr Hancock said the post was not sponsored and that the wording “AD” had been included in error.