The Tobacco Advertising and Promotion (Brandsharing) Regulations 2004


These Regulations prohibit, subject to exceptions, the use of the same or similar names, emblems or other features in connection with both tobacco products and non-tobacco products and services (“tobacco brandsharing”). The Regulations apply to England, Wales, Scotland and Northern Ireland.

Regulation 3 sets out the prohibitions on tobacco brandsharing. Paragraph (1) prohibits the use in connection with any non-tobacco product or service of any feature which is the same as, or is so similar as to be likely to be mistaken for, a feature which is connected with a tobacco product. Paragraph (2) prohibits the use in connection with any tobacco product of any feature which is the same as, or is so similar as to be likely to be mistaken for, any feature which is connected with a non-tobacco product or service if the purpose or effect of such use is to promote a tobacco product by the association which it has with any non-tobacco product or service.

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