Insights Ofcom sets out changes to Broadcasting Code to prohibit promotions of nicotine-containing e-cigarettes on TV and radio.

Ofcom has also directed the Broadcast Committee of Advertising Practice (BCAP) to make changes to the BCAP Code that will exclude advertisements for e-cigarettes from TV and radio services.

These amendments reflect the Government’s implementation of the Tobacco Products Directive (2014/40/EU), which prohibits advertisements for electronic cigarettes and refill containers in broadcast TV and radio services.  The Directive also prohibits programme sponsorship, which has the aim or effect of promoting these products.

The Secretary of State for Health has directed Ofcom, under s 321(6) of the Communications Act 2003, to make specified changes to rules in the relevant Codes including the rules relating to advertising.

Ofcom will enforce the rules in the Broadcasting Code, and the Advertising Standards Authority will enforce the rules in the BCAP Code.

The changes come into effect on 20 May 2016.  To read Ofcom’s statement in full, click here.  To read the BCAP press release, click here.