Can I Advertise Tobacco Products in Australia?

Sometimes, both buyers and sellers grapple with a question: Is it legal to advertise tobacco products in Australia? The short answer is no, as Australian law makes most direct advertising of tobacco products illegal, so you generally cannot promote them in the usual marketing sense, especially to the general public online or in the media. What you can do is very limited, heavily regulated and mostly confined to factual information and restricted point of sale communication.

How Tobacco Advertising Is Regulated in Australia

Australia has one of the strictest tobacco control frameworks in the world, with comprehensive bans on advertising, promotion and sponsorship of tobacco and related products. At the federal level, the Public Health (Tobacco and Other Products) Act 2023 now governs advertising and promotion and has replaced older laws that previously regulated tobacco ads and plain packaging. This national framework is supported by state and territory laws that further restrict how tobacco can be displayed, promoted and sold in shops and other venues.

The overarching policy goal is to reduce smoking uptake and encourage quitting by limiting exposure to messages that encourage tobacco use. This is why the law treats almost any communication that promotes smoking or tobacco use, whether directly or indirectly, as advertising for regulatory purposes.

What Counts as Tobacco Advertising

Under current federal law, advertising covers almost any public communication that promotes smoking, vaping or the use of regulated tobacco products. This can include written content, images, audio or video published on the internet, in broadcast media, in print or even on branded merchandise. It also extends to signs, symbols and trademarks that are closely associated with tobacco products and that could influence people to start or continue smoking.

Because of this broad definition, typical marketing tactics such as banner ads, social media campaigns, influencer promotions, sponsorship announcements and promotional emails are not allowed for tobacco products. Even when content appears in third party media or entertainment, the law still applies if the material is considered to promote tobacco use and is intended for public viewing.

Are There Any Legal Exceptions

While the default position is prohibition, there are narrowly defined exceptions that allow certain communications about tobacco in specific contexts. Federal guidance recognises limited situations such as government or political communications, anti smoking campaigns, news reporting, and communication of business information within the tobacco trade. There are also restricted exceptions for point of sale information on the internet, as outlined in official government guidance, provided strict content and presentation rules are met.

In some jurisdictions, specialist tobacconists may be allowed limited point of sale promotion, but any such communication is tightly controlled and must comply with both federal and local rules. Even where financial sponsorship by tobacco companies is not completely prohibited, public acknowledgment of that support is heavily restricted, which effectively removes most promotional benefit.​

Impact of Packaging and Display Rules

In addition to advertising bans, Australia requires plain packaging and strong health warnings for tobacco products, which directly limits visual branding. Plain packaging laws standardise colour, font and layout so that packs cannot use logos, stylised word marks or other visual elements that might appeal to consumers. Health warnings and graphic images must occupy a substantial portion of the pack, which further reduces space for any brand presentation.

Retail display is also heavily regulated, with many jurisdictions requiring that tobacco products be kept out of sight, except when a purchase is taking place. Taken together, these measures mean that even lawful sales environments are designed to minimise marketing impact and discourage impulse interest.

Online Content and Factual Information

For businesses that sell tobacco products online to Australian consumers, the key is to focus on compliance driven, factual communication rather than promotional language. Any website content should avoid encouraging smoking, glamorising tobacco use or suggesting that one product is better, more stylish or more enjoyable than another, because such claims can be treated as advertising. Instead, product pages and informational content should concentrate on clear descriptions, legal notices and age restriction information within the limits allowed by law.

Even if you want to use phrases like Buy Manchester Cigarettes in any text, you need to take care that the surrounding context remains informational and does not urge readers to purchase or use tobacco. Keeping the tone neutral and focusing on regulation, harm reduction messaging and compliance responsibilities can help align content with the health focused intent of Australian law, though businesses should always seek specific legal advice before publishing.

Why Compliance Matters for Australian Sellers

Compliance is essential because breaches of tobacco advertising laws can attract significant penalties and enforcement action at both federal and state levels. Regulators actively monitor public communications, including online platforms, to ensure that businesses do not promote smoking or vaping contrary to the law. For retailers, a careful approach to website copy, product presentation and customer communication is not only a legal requirement but also part of responsible participation in a market that affects public health.

Responsible sellers who understand these rules are better placed to maintain their licence to operate and to adapt as regulations evolve in response to new products and public health priorities. For Australian consumers who are researching where and how to purchase tobacco products within the law, compliant retailers like My Cigs Australia can provide clear, factual information while respecting national efforts to reduce smoking related harm.