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

Defences

67. The defences to the offences would also mirror those laid out in the 2002 Act for tobacco advertising and promotion. This would mean:

(1) a person would not commit an offence of advertising and promoting a vaping product if they did not know, and had no reason to suspect, that this was the purpose of the advertisement;

(2) a person would not commit the offence of promoting vaping product if they could not reasonably have foreseen that would be the effect of the advertisement;

(3) a person would not commit an offence if they did not know, and had no reason to suspect, that the vaping product advertisement would be published in Scotland;

(4) if an advert is distributed, a person would not commit an offence if (a) they were unaware that what was distributed or caused to be distributed was, or contained, advertising for vaping products;

(b) having become aware of it, it was not reasonably practicable for to prevent further distribution;

(5) a person would not commit an offence if they did not know, and had no reason to suspect, that the publication contained an advertisement for vaping products.