UK Law and Practice Contributed by: Huw Morris, Dominic Bray, Nick Swimer and Rebecca Coleman, Lee & Thompson LLP
children. The Regulations prohibit the advertising of nicotine-containing electronic cigarettes (e-ciga - rettes), which are not licensed as medicines, in some media channels. The government’s proposed Tobacco and Vapes Bill would create a “smoke-free genera - tion” by banning tobacco sales to anyone born on or after 1 January 2009 and give powers to restrict vape flavours, packaging and point-of-sale displays. Can - nabis products, particularly those containing CBD, must comply with both the Medicines Act 1968 and the Misuse of Drugs Act 1971. Alcohol advertising is subject to the Codes and the Portman Group Code for its members, with renewed emphasis on digital influencer marketing and age- verification. 10.2 Product Placement Product placement rules derive from the Audiovisual Media Services Directive (2013/10/EU) (AVMS Direc - tive) and are implemented by the UK through amend - ment to the Communications Act 2003 and the Ofcom Broadcasting Code, setting out rules for how prod - ucts can be placed in entertainment content on tel - evision, radio and “on-demand programme services”. The Ofcom Broadcasting Code ensures that product placement is transparent and does not mislead view - ers. Products cannot be placed in certain types of programming, such as children’s, news and current affairs programmes, and must not promote harmful or inappropriate products. Viewers must be informed about product placement and, accordingly, the “product placement logo” must be shown for three seconds at the beginning and end of the programme, and also shown briefly in the ad break during the programme.
Ofcom has updated and consolidated its guidance to reflect the UK’s post-Brexit position and the 2024 revisions to the AVMS framework, confirming that the Ofcom Broadcasting Code applies to new forms of on-demand and streaming services, and clari - fying how product placement rules apply to hybrid and online-only services such as FAST channels and large streaming platforms. Ofcom has also highlighted the need for clear disclosure of commercial arrange - ments in influencer-led and user-generated content that qualifies as an on-demand programme service, reinforcing that CAP Code rules on paid promotions will continue to apply alongside the Ofcom Broadcast - ing Code. 10.3 Other Products The CAP Code contains additional requirements for advertisers in certain sectors, including financial prod - ucts, gambling services and cosmetic treatments. Financial promotions are regulated by the FCA, while advertisements for gambling services are regulated by the Gambling Commission. Cosmetic treatments that involve surgical procedures must comply with the CAP Code and ASA guidance, which require advertis - ers to ensure that claims about the effectiveness and safety of treatments are not harmful or misleading and are socially responsible. Advertising prescription-only medicines is prohibited to the general public under the Medicines Act 1968. Food advertising in the UK must be in line with the Nutrition and Health Claims (Amendment) (EU Exit) Regulations 2020, which limit possible health and nutrition claims to those listed in the Great Britain Nutrition and Health Claims Register.
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