Vaping products - tightening rules on advertising and promotion: consultation 2022

Free Distribution and Nominal Pricing

55. The legislation would enable the Scottish Government to restrict free distribution and nominal pricing of vape products when undertaken as part of a business. This would mean that the restrictions would not apply to the NHS or charities.

56. Free distribution, as the term suggests, is the process by which goods, or coupons for goods are distributed to individuals free of charge. This is generally done to market and raise awareness of a product within a particular group of people.

57. Nominal pricing involves reducing the cost of a product below its market value, sometimes to the extent that the product is almost cost-free. Again this tactic is employed as a marketing and awareness raising tool, which could be used to replace advertising.

58. Restricting free distribution and nominal pricing would stop businesses giving away to the public any product or coupon where the purpose or effect is to promote a vaping product. It would also prevent them from making products or coupons for products available to the public for a nominal sum, where the purpose or effect is to promote a vaping product.

59. Marketing initiatives that distribute free or cut-price vaping products to initiate uptake should be banned. The proposed regulations are required to ensure it is not easy to circumvent advertising regulations by offering free samples or selling at greatly reduced prices.

Question 5 a.

Do you support the proposal to make free distribution of vaping products an offence?

Please tick one

Yes / No / Don’t Know

If you have any comments on restricting free distribution please record those here.

Question 5 b.

Do you support the proposal that nominal pricing of vaping products should be an offence?

Please tick one

Yes / No / Don’t Know

If you have any comments on restricting nominal pricing please record those here.