Tobacco advertising and sponsorship in Europe

Tobacco advertising increases consumption in several ways, most importantly by encouraging children or young adults to start smoking. It also stimulates smokers to increase consumption, reduces smokers’ motivation to quit, urges former smokers to resume and creates an environment in which tobacco use is seen as acceptable. At the same time,the warnings about their health are undermined.

EU Legislation banning tobacco adv and sponsorship

Tobacco advertising and sponsorship is restricted in the EU by the:

Directive 2003/33/EC on Tobacco Advertising
Directive 2010/13/EU on Audio-visual Media Services
Council Recommendation 2003/54/EC on the prevention of smoking and on initiatives to improve tobacco control

The Tobacco Advertising Directive 2003/33/EC introduces an EU wide ban on cross-border tobacco advertising and sponsorship in the media other than television. The ban covers print media, radio, internet and sponsorship of events involving several EU countries, such as the Olympic Games and Formula One races. Free distribution of tobacco is banned in such events. The ban covers advertising and sponsorship with the aim of direct or indirect effect of promoting a tobacco product.

Tobacco advertising and sponsorship on television was prohibited in 1989 by the Television without Frontiers Directive (89/552/EEC), now replaced by the Audiovisual Media Services Directive 2010/13/EU which extends the application of this ban to all forms of audiovisual commercial communications, including product placement.

The latest review of AVMSD was carried out in 2018. The ban on direct and indirect advertising has been extended to all tobacco products, electronic cigarettes and refills.

To help Member States with the implementation of the new AVMSD the Commission has adopted two sets of guidelines:

guidelines on video sharing platforms (July 2020)
guidelines on European works (July 2020)

The Council Recommendation (2003/54/EC) on the Prevention of Smoking and on Initiatives to improve tobacco control covers other forms of tobacco promotion.
In addition, it recommends EU countries to prohibit the use of tobacco brand names on non-tobacco products or services, specifically;

use of promotional items and tobacco samples
use and communication of sales promotion (i.e. discount,gift, premium oropportunity to participate in a promotional contest or game)
use of billboards, posters and other indoor or outdoor advertising techniques (i.e. advertising on tobacco vending machines)
use of advertising in cinemas and any other forms of advertising, sponsorship or practices directly or indirectly addressed to promote tobacco products

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