Vaping products - tightening rules on advertising and promotion: consultation 2022

Public consultation into additional controls to limit advertising and promotion of vaping products in Scotland.


Defences

67. The defences to the offences would also mirror those laid out in the 2002 Act for tobacco advertising and promotion. This would mean:

(1) a person would not commit an offence of advertising and promoting a vaping product if they did not know, and had no reason to suspect, that this was the purpose of the advertisement;

(2) a person would not commit the offence of promoting vaping product if they could not reasonably have foreseen that would be the effect of the advertisement;

(3) a person would not commit an offence if they did not know, and had no reason to suspect, that the vaping product advertisement would be published in Scotland;

(4) if an advert is distributed, a person would not commit an offence if (a) they were unaware that what was distributed or caused to be distributed was, or contained, advertising for vaping products;

(b) having become aware of it, it was not reasonably practicable for to prevent further distribution;

(5) a person would not commit an offence if they did not know, and had no reason to suspect, that the publication contained an advertisement for vaping products.

Contact

Email: tobaccocontrolteam@gov.scot

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