04.05.2024 – The tobacco industry has its own way of celebrating the non-smoking month of May. They pay young people to lure other young people with tobacco on the street. But the “celebration” is not taking place this year.
(Article image: AI-generated; (c) Pro Rauchfrei e.V.)
From 2 May, throughout the whole month, cigarettes were to be distributed commercially free of charge in Berlin, Hamburg, Munich, Stuttgart, Düsseldorf and other major cities. Pro Rauchfrei has put a stop to this. In response to our urgent request with a tight deadline, the job offers were deactivated and the street campaign was cancelled. The company responsible for the promotion confirmed this in writing, as we had requested.
How is the marketing of tobacco products regulated in the Tobacco Products Act? According to Section 20a, outdoor advertising for tobacco products, e-cigarettes and refill containers is only permitted on the premises of specialised retailers and on the associated outdoor areas, including shop windows. The free commercial distribution of cigarettes, roll-your-own tobacco and water pipe tobacco is also only permitted on the premises of specialised retailers. The promotional campaign, which actively approached passers-by, invited them to register and handed out free cigarettes, was in breach of both regulations.
By the way, outlets where tobacco products are sold together with various other types of goods aren’t specialist retailers for tobacco products or e-cigarettes and liquids, meaning that such advertising campaigns in supermarkets, petrol stations or kiosks also fall under the legal restrictions on tobacco advertising.
We firmly expect that the entire industry, from manufacturers to distributors, will adapt their advertising strategies to the legal requirements for tobacco advertising and advertising for e-cigarettes in the future. Unfortunately, there are still enough authorised forms of marketing and sponsorship in Germany. In this regard, the “Ampel” parties are very much behind schedule in implementing the announced stricter regulation.