ENDS Advertisement Restriction Act 2017 1

MODEL
HOUSEOFCOMMONS

BILL 423

BILL
TO

Restrict the advertisement of electronic nicotine distribution system products,

especially electronic cigarettes.

B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1 Definitions
In this Act
ENDS refers to electronic nicotine delivery systems;
electronic nicotine delivery systems are considered to be devices which deliver
an aerosol by heating a solution that users inhale whose main constituents of
the solution by volume, in addition to nicotine when nitocine is present, are
propylene glycol, with or without glycerol or flavouring agents;
e-cigarette and electronic cigarette refers to products that are the most
prevalent ENDS, that is, a cigarette-shaped ENDS;
advertisement includes every form of advertising or promotion, whether in a
publication or by the display of notices or posters or by the means of circulars,
leaflets, pamphlets or cards or other documents or by way of radio, television,
internet, telephone, facsimile transmission, photography or cinematography
or other like means of communication.
2 ENDS Advertisement Restriction Act 2017

2 Changes to law
(1) No advertisement shall be broadcast or published if that advertisement is one of
specific ENDS products.
(2) Advertisements which are produced in, but not intended to be broadcast or
published within, the United Kingdom (for example, if the advertisement is
produced in the United Kingdom for broadcast in foreign countries) are not
banned.
(3) A person who in the course of a business publishes an ENDS advertisement, or
causes one to be published, in the United Kingdom is guilty of an offence.
(4) A person who in the course of a business prints, devises or distributes in the United
Kingdom an advertisement of ENDS, which is published or intended to be
published in the United Kingdom, or causes such an ENDS advertisement to be so
distributed, is guilty of an offence.
(5) Any business, company, or corporation who publishes an ENDS advertisement, or
causes one to be published, in the United Kingdom is liable for an offence. Any
business, company, or corporation who prints, devises, or distributes in the United
Kingdom an advertisement of ENDS which is published or intended to be
published in the United Kingdom, or causes such an ENDS advertisement to be so
distributed, is liable for an offence.

3 Offences
(1) A person guilty of an offence under or by virtue of any provision of this Act is
liable
(a) on summary conviction, to imprisonment for a term not exceeding two
months, or a fine not exceeding the statutory maximum, or both,
(b) on conviction on indictment, to imprisonment for a term not exceeding 2
years, or a fine, or both.
(2) A business, company, or corporation who is found to be in breach of any provision
of this Act will be liable for a fine of up to 7,500.

4 Commencement, short title and effect

(1) This Act extends to the whole of the United Kingdom.
(2) This Act comes into effect immediately following Royal Assent.
(3) This Act may be cited as the ENDS Advertisement Restriction Act 2017.