The Code of Practice recognises that “certain sectors have additional regulatory requirements” and that we must “comply with all relevant advertising codes and regulations.”
Alcohol and tobacco are among the most restricted categories for advertising. Understanding these limits is essential if you work with clients in these sectors.
Tobacco advertising has been prohibited in the UK since 2003, with sponsorship banned in 2005. The ban covers:
Different rules apply. Advertising is permitted but regulated; it must not appeal to under-18s, make health claims, or promote tobacco use. The rules are complex and evolving. E-cigarette (vape) advertising is subject to both tobacco legislation and advertising codes, with broadcast advertising being particularly restricted.
Brand extension
Using tobacco brand names on non-tobacco products (brand stretching/sharing) is also prohibited. You can’t advertise “Marlboro clothing” in the UK.
Alcohol advertising is permitted but heavily restricted. The CAP and BCAP Codes contain detailed rules. Key principles:
Alcohol advertising must not:
Working within these restrictions requires creative skill:
Everyone featured must be, and clearly appear to be, 25+. This is strictly enforced. Use mature-looking models and get compliance sign-off on casting.
Social situations are fine, but ensure they don’t suggest drinking leads to social success or is essential to having fun. People should be enjoying company, not dependent on alcohol.
The “before and after” test
Ads shouldn’t show someone being more attractive, successful, or confident after drinking. The alcohol should accompany good times, not create them.
Most alcohol advertising should include responsibility messaging:
Including the Drinkaware.co.uk URL is standard practice and expected by regulators. It should be legible and prominent.
Responsibility messaging shouldn’t be contradicted by the ad itself. An ad showing excessive drinking with a small “drink responsibly” logo fails the test.
Alcohol copywriting requires working creatively within strict boundaries. Focus on product qualities rather than lifestyle promises, ensure casting and scenarios are compliant, and include appropriate responsibility messaging.
Tobacco copywriting is essentially non-existent for consumer advertising. If you’re asked to work on tobacco promotion, check carefully whether it falls within any permitted exception.