“`html
Spotify and BBC Accused of Circumventing Tobacco Advertising Bans in Switzerland
Despite internal policies prohibiting the promotion of perilous products, streaming giant Spotify and the BBC’s global News Podcast recently distributed advertisements for a tobacco heating device, raising questions about accountability and the complexities of digital advertising systems. The advertisements, targeted at a Swiss audience, appeared through a loophole in control mechanisms and were removed only after inquiries from a news editorial team.
The controversy centers around “Ploom Aura,” a tobacco heater developed by Japan Tobacco International (JTI). Advertisements encouraged listeners to “enjoy heated tobacco like never before” and visit ploom.ch. While customary cigarettes face increasing restrictions, tobacco companies are aggressively marketing these newer devices – often framed as “reduced risk products” – as a potential growth area.
However, Spotify’s own advertising guidelines explicitly ban “cigarettes, tobacco products and related accessories.” When questioned, Spotify attributed the issue to a “third party,” clarifying that the BBC’s podcast is not monetized through Spotify’s standard advertising channels. “They have removed the reported ad because it violates both our advertising policies and their own,” a Spotify representative stated.
The company declined to address whether it bears obligation for ensuring compliance with its policies even when advertisements are served through third-party providers. This lack of clarity has sparked criticism regarding the platform’s oversight of its advertising ecosystem.
The BBC also acknowledged a failure in its system. A spokesperson confirmed the use of a third-party distributor and stated, “This identified a problem…The problem has been resolved and the ad will no longer be displayed.” The BBC’s guidelines also prohibit tobacco advertising, suggesting a breakdown in contractual requirements for third-party providers.
JTI, for its part, deflected responsibility, asserting it operates “fully in accordance with Swiss law.” A company spokesperson indicated that digital solutions for age verification and targeted dialogue are managed by platforms like Spotify. The company did not comment on why Spotify’s internal policies were disregarded.
Currently, Swiss law permits this type of advertising, despite the 2022 adoption of a popular initiative aimed at protecting children and young people from tobacco advertising. A subsequent revision to the Tobacco Products Act, passed on June 20, 2025, will introduce a extensive ban on tobacco advertising, including digital channels, expected to take effect in early 2027. Until then, legal experts note that anything not explicitly prohibited remains permissible.
“According to the current tobacco products law, this advertising is generally permitted as long as it is not specifically aimed at minors or appears in an surroundings specifically intended for minors,” explained Corinna Stubenvoll, an IT law specialist. However, she added that Spotify’s internal guidelines represent a separate set of rules, and violating them constitutes a breach of platform policy, even if not a legal violation.
The incident highlights the challenges of policing advertising in the increasingly complex digital landscape. Andreas Wullschleger, from the swiss podcast agency Ellie Media, described the current system as reliant on “Dynamic Ad Insertion,” where content producers deliver the programming, but advertising originates from external, automated systems. “The case seems unusual, but its structure is a typical example of errors that can occur in highly automated, international ad systems,” he said.
Other media outlets, such as Tamedia, also distribute tobacco advertising within the bounds of current regulations, with plans to adapt their guidelines upon the implementation of the revised Tobacco Products Act in 2027.
This case underscores the tension between legal permissibility and ethical responsibility, raising questions about the role of major platforms like Spotify and the BBC in preventing the promotion of pot
