Ban on Point of Sale Advertising

Relevant Legislation

Section 33A of the Public Health (Tobacco) Act, 2002 (as amended)1, prohibits all advertising of tobacco products2 in retail premises in which tobacco products are sold.

What does this mean for me?

  • No tobacco related advertising is permitted on your premises. This includes both internal and external tobacco display and advertising signage.
  • No tobacco related advertising is permitted either surrounding or on the front of the closed container or dispenser that stores the tobacco product. This includes all in-store advertising or promotional material for tobacco products. For example, gantries (backlit decorative panels featuring particular brands of tobacco products), promotional lighting, clocks, change mats, mouse pads, till covers, decals, pens, wobblers or danglers.
  • Tobacco products or reproductions of tobacco products cannot be on display.
  • All tobacco products must be kept out of view in a closed container or dispenser only accessible by the retailer and retail staff.

It is entirely a matter for each retailer of tobacco to decide:

  • How tobacco products are removed from view; and
  • In what type of closed container they are stored.
  • The location of the closed container or dispenser is a matter for the retailer. It is not required to be under the counter.
  • Only the tobacco product must be out of sight. The closed container may be visible.
  • Self-service vending machines are prohibited, except in registered clubs3 and licensed premises4. They must also be free of all tobacco related advertising.
  • Selection decals/buttons for dispensing machines and self service vending machines must not display tobacco product trademarks, emblems, marketing images or logos unless they are out of the view of the customer.

Since the 1st July 2009 the advertising and the display of tobacco products is prohibited

1 Public Health (Tobacco) Act 2002 (no.6 of 2002); Public Health (Tobacco) (Amendment) Act 2004 (No. 6 of 2004); Public Health (Tobacco) (Amendment) Act 2009

2 A ‘tobacco product’ means any product consisting, in whole or in part, of tobacco, that is intended to be smoked, and any cigarette paper, tube or filter manufactured for use in smoking of tobacco. (Public Health (Tobacco) Act, 2002 as amended).

3A ‘registered club’ is a premises registered under the Register of Clubs Act 1904 to 2008.

4A ‘licensed premises’ means a premises in respect of which a license for the sale of intoxicating liquor has been granted by the Circuit or District court under the Intoxicating Liquor Act 2008.