Marlboro-maker Phillip Morris has hit back at the government’s warning to supermarkets that advertising heated tobacco products is unlawful.
The tobacco giant – which makes a range of ‘heat not burn’ devices and refills – told The Grocer: “The government’s interpretation is wrong.”
Last month, the Department of Health and Social Care wrote to supermarkets regarding the advertising and promotion of heated tobacco products in certain stores.
In the letters, the retailers – Sainsbury’s and Morrisons among them – were formally requested to pull the promotions, because in the department’s view, all ads are in breach of the Tobacco Advertising and Promotion Act (TAPA).
But Phillip Morris has disputed that promoting heated tobacco products – like its Iqos device – is unlawful.
“Since we launched Iqos in the UK in 2016, we’ve had communications for adults who smoke at points of sale, ensuring they can find out about smoke-free products which are a better choice than continuing to smoke,” a spokeswoman said. “Throughout this time, we’ve complied with all applicable laws and regulations.”
Heated tobacco products – including Phillip Morris’ Iqos and Japan Tobacco International’s Ploom – have been advertised in-store at Sainsbury’s and Morrisons as well as convenience retailers and specialist vape stores, on back of kiosk displays, video screens, promotional stands, branded popup Booths, window displays and other signage.
Advertising and promoting tobacco products have been illegal since 2002 with the introduction of the TAPA. The Act defines a tobacco product as “consisting wholly or partly of tobacco and intended to be smoked, sniffed, sucked or chewed”.
Action on Smoking and Health (ASH) said tobacco giants are using this definition to skirt the spirit of the law.
“Because heated tobacco did not exist in 2002, it is not explicitly named in the legislation,” said John Waldron, policy and public affairs manager at ASH. “Although the Act was clearly intended to prohibit advertising of tobacco in all forms, tobacco companies exploited this wording, arguing that heated tobacco is not covered because it is heated, not smoked.”
The new Tobacco and Vapes Bill – currently at the committee stage in the House of Lords – does account for heated tobacco products, defining them as a “tobacco related device” which is “a device, other than a vape, which enables a tobacco product to be consumed, for example, a heated tobacco device or pipe”.
The bill “clarifies the law in relation to advertising and point of sale display so there will be no real or perceived ambiguity” said ASH chief executive Hazel Cheeseman.
Use of heated tobacco products is small compared to vapes. In 2024, fewer than 1% of adults in England used heated tobacco, according to ASH research, with 18 to 24-year-olds four times more likely to have tried it (4%) than those aged over 50 (0.9%).
A 2025 study published in Tobacco Control by the University of Bath Tobacco Control Research Group, which examined data from 40 clinical trials on the potential health effects of heated tobacco products, judged the overall findings to be inconclusive. Of the 40 trials, 29 were conducted by tobacco companies.
“While our findings do not rule out the possibility that heated tobacco products are ‘reduced risk’, they provide little support for such claims,” said lead author Dr Sophie Braznell. “Most of the studies of heated tobacco products are small and relatively short term – they don’t give us a clear picture of their effects. In the context of the tobacco industry’s ongoing manipulation of science and targeting of youth, we should be sceptical of whether heated tobacco products can help combat the tobacco epidemic or instead perpetuate it.”
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