ASA CAP E-Cigarettes

E-cigarette ads to be controlled by new UK advertising rules

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By Natalie Mortimer, N/A

October 9, 2014 | 3 min read

Advertising for e-cigarettes is to be placed under stricter controls as the Committees of Advertising Practice (CAP) lay down new rules focussed on protecting young viewers, ahead of government legislation which will come into effect in 2016.

The new rules, which add to those already in place and will come into effect on 10 November, state that ads must avoid containing anything that promotes the use of a tobacco product or that shows the use of a tobacco product in a positive light.

The rules were subject to full public consultation and will apply across media.

While e-cigarettes have always been allowed to be advertised and have been subject to general rules covering misleading claims, harm, offence and social responsibility, they have not, until now, been subject to product-specific rules.

The rules include that:

  • Ads must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture
  • People shown using e-cigarettes or playing a significant role must neither be, nor seem to be, under 25
  • Ads must not be directed at people under 18 through the selection of media or the context in which they appear
  • Ads must not encourage non-smokers or non-nicotine users to use e-cigarettes
  • Ads must make clear that the product is an e-cigarette and not a tobacco product
  • Ads must contain nothing which promotes any design, imagery or logo style that might reasonably be associated in the audience’s mind with a tobacco brand

Director of CAP, Shahriar Coupal commented: “We’ve moved quickly to put in place appropriate and clear regulation around e-cigarette advertising. While the debate about e-cigarettes continues our commitment is to make sure they are advertised in a responsible way and that children are protected”.

Ads on TV and radio will be subject to scheduling restrictions to reduce the chance of e-cigarette advertisements being seen or heard by children.

Also, unless manufacturers obtain an authorisation for their product from the Medicines and Healthcare products Regulatory Agency, ads for e-cigarettes cannot convey health benefits or claim that they are ‘safer’ or ‘healthier’ than smoking tobacco.

However, from next month e-cigarettes can be shown in ads across UK media.

Previously such depictions were prohibited on TV, but permitted elsewhere. They can be shown on the condition that the ads comply with the strict new rules.

A slew of e-cigarette ads have been banned by the Advertising Standards Authority (ASA) over the last year, including one this week from Ten Moments, which promoted an ice-cream flavoured e-cigarette via direct mailing.

A formal review of the rules will take place in 12 months time.

ASA CAP E-Cigarettes

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