Electronic cigarettes (vapes) are gaining popularity, with recent reports that the UK government has given one million smokers starter kits and behavioral support to encourage them to quit. .
While this is a good time for media attention for the vaping industry, careful consideration should be given when selling e-cigarette products.
Vaping is by no means a safe and risk-free option. Instead of burning tobacco smoke, an electronic cigarette/vape is a device that allows users to inhale vapor from the mouth or body of this product, independent of cartridges, tanks, or e-liquids. E-liquid contains the same potentially harmful chemicals found in cigarette smoke, but in smaller amounts, and removes the most harmful elements of tobacco smoke (tar and carbon monoxide).
Although e-cigarettes may seem like the least harmful option, they are heavily regulated in the UK and upcoming government proposals include measures to curb the growing popularity of vaping among non-smokers, children and young people.
Therefore, we considered it appropriate to revise the marketing rules of electronic cigarettes. Below is a list of key points to consider when marketing your products:
1. General prohibition
E-cigarettes containing nicotine (and their contents) must not be directly or indirectly advertised in most media, including print, online and other forms of electronic media (including paid media, your website and channels you control), television, radio, television . , Learn about product placement, sponsorship and commercial sites. Some exceptions apply, including advertisements in the trade press and certain approved products such as drugs, medical devices or nicotine-free products. However, the advertising rules still apply. Products allowed to be advertised must comply with UK advertising practice rules, including specific rules for e-cigarettes.
2. Be socially responsible
Ads should not encourage non-smokers or non-nicotine users to use e-cigarettes, and you should ensure that your marketing content is socially responsible.
The UK's advertising regulator, the Advertising Standards Authority (" ASA "), has upheld complaints about this issue, such as " Smoke if you have to " (Riot Labs Ltd). your health. Another example is an advertisement showing a group of adults smoking and discussing products in an outdoor restaurant (Vape Nation Ltd). One of the group said, " I used to smoke regular cigarettes, but after I quit I tried it. In fact, I prefer it." While the ASA believes that much of the rhetoric in the ad favors smokers, the ASA believes that the rhetoric encourages non-smokers to use e-cigarettes, which is considered irresponsible and found the ad to be in breach of their code of conduct. . Advertising rules.
3. Avoid contact with tobacco products
As you know, the promotion and advertising of tobacco products is prohibited in England. Therefore, any permitted e-cigarette advertisement must not contain any design, image or logo that may be associated with a tobacco brand, and all marketing communications must clearly state that the product being sold is an e-cigarette, not a tobacco product. Additionally, you may not display or use tobacco products in a positive manner.
4. Filing health and medical claims
You must:
- Avoid making medical claims until your product is approved by the Medicines and Healthcare products Regulatory Agency (" MHRA "). While the ASA understands that some e-cigarette products may be promoted as an alternative to tobacco, this should not undermine the message that quitting smoking is the healthiest option.
- You should know that you can only make a health claim if you have specific and strong supporting evidence for the product. And
- You should avoid unlimited claims. For example, the ASA has yet to see any evidence to support claims that a product is effective in helping people to quit smoking, and therefore related claims should be avoided. This is particularly interesting in light of the government's anti-tobacco plans.
5. Do not target, encourage or attract children
E-cigarettes are age-restricted products and therefore should not be intended for or particularly attractive to people under the age of 18. This includes ads that reflect or relate to youth culture, characters that may be of particular interest to under-18s, and any ads that target teens or adults. For example, the ASA rejected complaints against electronic billboards featuring Santa Claus, the Gingerbread Man and Steampunk because of the content and style of the ads and the characters children could identify with (Fischen Medical Ltd).
Ads may not appear under the age of 25 or appear to be under 25. The ASA upheld a number of complaints about advertisements that breached this rule, breached the latest decision on web content on the NEAFS website and featured people who appeared to be under the age of 25. Although NEAFS took steps to verify the age of the models and estimate the appearance of the models, one of the models appeared to be under 24 and the other under 25 at the time of the ad. With his youth, relaxed demeanor and the language of his title poem (“ What NEAFS Users Are Saying ”), he connected with many young people - “ Hey, I bought a package at Heathrow Central Bus Station today and I sure can. Tell us your product. It's amazing!!!" ... Interestingly, in addition to checking the actual age of the models and judging their appearance, the advertiser should also consider possible contextual language (especially expressive language) and the overall placement of the ad. The same rule applies to other age-restricted products such as alcohol and gambling. it also applies to product advertising.
6. Do not be misled by the composition or use of the product
When promoting nicotine-containing products (eg licensed medicines, advertising, outdoor advertising, etc.), it is important to clearly state that any of your products contain nicotine. The ASA has upheld the MHRA's complaints about social media banner Hubbly Bubbly Ltd. The ad in question showed people using e-cigarettes that do not contain nicotine. However, the ASA announced that the ad was placed on Hubbly Bubbly's Twitter page to promote the entire product line, including nicotine products. Therefore, Hubbly Bubbly had to determine whether some of its products contained nicotine.
How can we help you?
We can help you review and recommend marketing strategies, claims, content, supporting evidence and comply with advertising law requirements.
If you have questions or need help with this or any other advertising and consumer rights, please contact Sarah Stewart, Sonal Patel Oliva or another member of our Consumer and Advertising team .
