Advertising and marketing | UK Regulatory Outlook May 2026

Tobacco and Vapes Bill receives Royal Assent 

The Tobacco and Vapes Bill received Royal Assent on 29 April, becoming the Tobacco and Vapes Act 2026. Described by the government as a "step towards a smoke-free UK and protecting people from the harms of tobacco", the Act, among other things, prohibits the sale of tobacco to anyone born on or after 1 January 2009 and introduces several advertising-related restrictions. 

Advertising offences. The Act makes it a criminal offence for a person, acting in the course of business, to publish, design, print or distribute, or cause the publication or distribution of an advertisement in the UK whose purpose or effect is to promote tobacco, vaping, nicotine or herbal smoking products and cigarette papers. 

Internet services. Businesses carrying on operations in the UK that provide internet services through which prohibited advertisements are published or distributed also commit an offence. Exceptions apply to mere conduits, caching and hosting services, provided they promptly remove prohibited content or disable access to it upon becoming aware of it. 

Defences. Defences are available where the advertisement is a trade communication directed solely at relevant persons in the industry, a reply to a specific request for product information, or contained in a publication printed and principally marketed outside the UK (except for in-flight magazines). A separate public health defence applies where a person reasonably believed that they were acting in accordance with arrangements made by a public authority for the purpose of promoting or protecting public health. Specialist tobacconists may advertise non-cigarette and non-hand-rolling tobacco products on their premises, provided the advertisement is not visible from outside and subject to other conditions. 

Brandsharing. The secretary of state is empowered to make regulations prohibiting or restricting brandsharing in relation to tobacco, herbal smoking, vaping, nicotine products and cigarette papers. 

Sponsorship. Sponsorship agreements whose purpose or effect is to promote tobacco products in the UK give rise to a criminal offence. A person commits an offence if they are party to an agreement under which a business contribution is made towards something whose purpose or effect is to promote a tobacco product in the UK, and they knew or had reason to suspect as much. Equivalent offences apply to agreements promoting herbal smoking, vaping and nicotine products and cigarette papers, but only where the agreement is entered into on or after the relevant commencement date. 

Corporate liability. Where an offence under the Act is committed by a body corporate with the consent, connivance or neglect of a director or equivalent officer, that individual is also personally liable. 

King's Speech: advertising aspects  

King Charles III opened Parliament on 13 May 2026 with the announcement of 37 bills his ministers would like to pass in this parliamentary session. 

Representation of the People Bill 

The Representation of the People Bill, which aims to "renew and protect" democracy, will, among other things, introduce measures to strengthen transparency around the rules for digital imprints: the markers that identify who is responsible for promoting political advertising.  

Currently, third-party campaigners who spend under a certain threshold are not required to include imprints on their organic digital campaigning material. The new legislation will close this loophole by extending the digital imprint requirement to any person who is not a recognised third-party campaigner or individual. 

Sporting Events Bill 

The Sporting Events Bill aims to "support and enhance the UK's status as a world-leading host of major sporting events" by establishing a common legislative framework that can be applied to all major sporting events in the UK so that the UK can meet commitments to international sporting event owners "confidently" without having to legislate for each one separately. The framework will, among other things, protect commercial rights by introducing a UK-wide prohibition on unauthorised association with a sporting event and impose restrictions on advertising and trading in the vicinity of event locations. 

See this Insight on other announcements in the King's Speech.