Outdoor advertising for tobacco products at specialist stores still permitted

Die Tabak Zeitung // Retailers of tobacco and nicotine products are currently facing an increasing number of warnings from non-smoker protection associations and warnings from food control authorities. However, the BTWE, BVTE and Bft associations point out that the current regulations allow specialist retailers to continue certain advertising measures.

The reason for this is the accusation of inadmissible outdoor advertising, for example through stands, shop window displays, posters or façade advertising in front of stores. In a joint statement, the industry representatives emphasize that this form of advertising is still permitted as long as the store is a specialist store. The Tobacco Products Act permits outdoor advertising at the points of sale of specialist retailers if the product range includes both classic tobacco products and novel nicotine products and the focus of the range is on tobacco products and accessories.

According to the associations, a specialist retailer is characterized by the fact that, in addition to cigarettes and rolling and plug tobacco, they also offer water pipe tobacco, pipe tobacco, cigars, cigarillos, heatable tobacco products, e-cigarettes and corresponding smoking accessories such as lighters, rolling papers, shishas or tobacco heaters. A mixed assortment – for example with press articles, stationery or spirits – does not preclude specialist retail status as long as sales of tobacco and nicotine products account for significantly more than half of total sales. The two product groups should be presented in large numbers and clearly visible, especially in the checkout area. Customers should be able to see from the outside that the product range is geared towards tobacco and nicotine products, for example by means of a corresponding store sign.

The interest groups also emphasize the importance of trained sales staff and expert advice. The products must not be freely accessible and must be specifically dispensed by staff. According to these criteria, petrol stations, kiosks and lottery outlets in particular are considered “tobacco retailers”.

The industry organizations recommend that affected retailers take active action against the accusations in the event of warnings or official complaints and not remove the outdoor advertising prematurely. In the event of a complaint, they advise contacting the sales force of the respective industry partner.