In the UK, a new e-cigarette advertising regulation is emerging. The Committee of Advertising Practice (CAP) is putting in place a new regulation in its code that prohibits advertising for electronic cigarettes containing nicotine without authorization.
REGULATION THAT REFLECTS THE EUROPEAN TOBACCO DIRECTIVE
This new regulation on advertising reflects the changes in the law that came into effect in April 2016, it was at this time that advertisements became illegal for some e-cigarettes in most media. However, the code of Committee of Advertising Practice did not just transpose the law by default, it carried out a consultation to examine the best way to integrate this law into its code.
And this law has complex effects to say the least. Advertising bans only apply to advertisements for certain types of products and only apply to certain media. The absence of case law on this legislation obviously gives rise to certain uncertainties as to whether its application will be correct. In view of the complexity of this law, the CAP decided to publish the guidelines in a document so that this regulation is well interpreted.
WHAT REGULATIONS FOR ADVERTISING ON E-CIGARETTE?
Le Committee of Advertising Practice (CAP) clearly wanted to make a difference between nicotine-containing and non-nicotine-containing products. The code of the CPA stipulates :
Except for media that exclusively target the commercial sector, advertisements that have the direct or indirect effect of promoting nicotine-containing electronic cigarettes and their unauthorized components as medications are not permitted in the following media :
- Newspapers, magazines and periodicals
- Online media and other forms of electronic media
The regulations prohibit advertising for nicotine-containing electronic cigarettes, e-liquids and products not authorized as drugs by the MHRA, but only in certain media.
In practice, advertisements for the following products are prohibited :
- Disposable electronic cigarettes containing nicotine
- E-liquids containing nicotine
- Any e-cigarette that can be used to consume nicotine e-liquids, even if it is marketed as being intended for non-nicotine e-liquids.
The CAP considers that following the other requirements set out in this document, it is unlikely that advertisements for the following products are prohibited.:
- Non-nicotine liquids
- Electronic cigarettes that do not contain nicotine (cannot be recharged)
- Non-disposable electronic cigarettes designed to take only nicotine-free cartridges
- Medicines (subject to specific legislation on the advertising of medicines)
- Components and accessories for electronic cigarettes such as: batteries, power supplies, etc.
- Coils, resistive wire and cases (when their presentations do not directly or indirectly promote a product that cannot be advertised in the media subject to bans.)
Media that are subject to bans. The CAP Code rule contains two points. The first prohibits advertisements in :
- Newspapers,
- Magazines,
- Periodicals.
The second point prohibits ads in " Online media and other forms of electronic media ". This reflects the legal ban on advertisements in “information society services”. CAP considers that advertisements placed in the following media channels are likely to be banned, but the list should not be considered exhaustive :
- Commercial messaging, commercial text messaging and other electronic messaging services
- Online marketing activities, for example on their website and on social media
- online ads ("display") in a paid space (including banner or pop-up ads and online video ads);
- Paid search lists; Preferential lists on price comparison sites; Viral ads
- Paid social media placements, advertising features and targeted branded content.
- Advertisements in jexu (including augmented reality and virtual reality environments)
- Commercial advertisements;
- Ads that are sent electronically to devices;
- Ads served via web widgets
- Online promotional marketing;
- Affiliate links;
- Advertising integrated into an application.
- Media that are not subject to bans
Advertising of electronic cigarettes containing nicotine is not prohibited by law or by the CAP Code in the following media, although they must still comply with all CAP rules regarding content and placement. :
- Outdoor advertising, including digital outdoor advertising
- Posters on public transport (not leaving the UK)
- The movie theater
- Direct paper shipments
- Leaflets
- Private and personalized correspondence between a marketer and a consumer
- The media which exclusively target trade
For more information, go directly to the official website of Committee of Advertising Practice (CAP)
