NMA Seeks Clarity on E-Cigarettes Inserts in Newspapers

The News Media Association is writing to the Department of Health to seek clarity on newspaper inserts advertising e-cigarettes after becoming aware that the way in which the Department classifies “print media” for the purposes of advertising tobacco products is changing.

Based on the up-to-date definitions provided by the Department, it will be legal to advertise e-cigarettes on leaflets, by direct mail, on static outdoor poster sites, and on ads on buses when the latest tobacco directives from the EU new directive are implemented.

What is unclear is the position of inserts in newspapers. If a leaflet inserted into a newspaper is not treated as a separate item but part of the paper, news publishers could be liable for the actions of third party newsagents inserting leaflets into papers without their knowledge.

The NMA is responding to the consultation, requesting clarification that there will be a defence for publishers if this is the case.