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The Tobacco Advertising and Promotion (Point of Sale) (Scotland) Regulations 2004

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Advertising at point of sale

4.—(1) Subject to regulations 3 and 6 and the following paragraphs of this regulation, no offence is committed under section 2 of the Act by the publication on a gantry or display unit at the point of sale of an advertisement to which this regulation applies.

(2) An advertisement to which this regulation applies may include–

(a)the name, emblem or other feature (in any combination) of the tobacco product to which the advertisement relates;

(b)the price of a packet of that product and the size of the packet to which the price relates,

but shall not include any other word or image.

(3) An advertisement to which this regulation applies shall be presented in two dimensional format and shall be either–

(a)a single advertisement which has; or

(b)two or more advertisements which together have,

a surface area which does not exceed A5 size.

(4) An advertisement to which this regulation applies shall include an area which is not less than 30% of the total surface area of the advertisement in which is displayed in accordance with the requirements specified in paragraph (5), parallel to the floor, the health warning “Smoking kills” or the health warning “Smoking seriously harms you and others around you” and the information–

  • NHS Smoking Helpline 0800 169 0 169.

(5) The health warning and information which is required to be published by paragraph (4) shall be–

(a)indelible;

(b)legible;

(c)printed in black Helvetica bold type on a white background;

(d)in a font size consistent throughout the text which ensures that the text occupies the greatest possible proportion of the area specified for the warning and information;

(e)in upper case and lower case type as set out in paragraph (4);

(f)centred in the area in which the text is required to be printed;

(g)surrounded by a black border outside the area specified for the health warning and information, which shall be not less than 3 millimetres and not more than 4 millimetres in width, which does not interfere with the text of the warning or information; and

(h)irremovably printed on the advertisement.

(6) This regulation does not apply to advertisements, published at the same point of sale at the same time, which have a surface area which in total exceeds A5 size.

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