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Tobacco - Health Act 2009

  • Document type:
    Legislation/parliamentary/local government
  • Author:
    Department of Health
  • Published date:
    26 March 2010
  • Publication format:
    A4 electronic only
  • Gateway reference:
    11182, 14039
  • Copyright holder:
    Crown

The  Health Act 2009, which received Royal Assent on 12 November 2009, further strengthens tobacco control to protect children and young people from the health harms caused by tobacco. Together with regulations made under the Act in early 2010, this legislation will:

  • Prohibit the sale of tobacco from vending machines from 1 October 2011;
  • Prohibit the display of tobacco products in large shops from 1 October  2011 and in small shops from 1 October 2013;
  • Regulate the format of tobacco price lists and labels displayed in large shops from 1 October 2011 and in all other places from 1 October 2013;
  • Require that from 1 October 2013 specialist tobacconists may only advertise and display tobacco products inside their stores, out of general public view;
  • Require that from 1 October 2013 retailers selling tobacco products in large quantities, such as duty free and cash and carry businesses, display tobacco or tobacco prices only in an area of the shop selling only tobacco, and outside of which the tobacco products and prices can’t be seen.

The Department is currently working with stakeholders to develop guidance for implementing the regulations, which will be available well in advance of the implementation dates in 2011 and 2013 to assist businesses with compliance.

Cancer Research UK have shown that removing the display of tobacco in shops will help to protect children and young people from marketing of tobacco products and the harm caused by smoking.  Since the ban on tobacco advertising, retail displays in shops have become larger and more appealing to children.  They are now a major source of promotion of smoking to children.  Removing tobacco displays will also support smokers who want to quit as displays prompt impulse purchases undermining efforts to give up.

Prohibiting the sale of cigarettes from vending machines will prevent easy access to cigarettes by under-18s.  Vending machines present an easy opportunity for young people to buy cigarettes.  In 2008, vending machines were a usual source of cigarettes for 10% of young people aged 11 to 15 years who said they smoked. The latest data collected from English Local Authorities by LACORS on test purchasing from vending machines covers the 2008-09 period, and shows that illegal sales to under-18s were made from the majority (58%) of vending machines tested across England during this period.

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