E-cigarette advertising consultation and regulatory statement, 2016 (CAP and BCAP)

In this consultation CAP and BCAP propose changes to their Codes and guidance to reflect the coming into effect of the European Tobacco Products Directive and its UK implementing legislation; the Tobacco and Related Products Regulations 2016.

These laws include prohibitions on advertising which are complex because of the limited jurisdiction of the European Parliament over domestic advertising and because they apply only to ads for certain types of product.

So the proposals reflect CAP and BCAP’s best understanding of law which has already been agreed and how they should most accurately reflect it, rather than any CAP or BCAP policy. The prohibitions are already decided and this consultation does not invite views on the extent or proportionality of the advertising prohibitions. Rather CAP and BCAP are exploring only how to reflect the law in their own Codes and guidance in an optimal way. The Committees consider that the advertising self-regulatory system should remain both the established means of enforcement in this sector and at the forefront of providing advice and training to industry.

The consultation comprises two parts in one document. Part A contains CAP’s proposals on how it intends to approximate the non-broadcast advertising prohibitions contained in TRPR in its Code and the guidance it intends to supply on the interpretation of the resultant new rules. Part B contains proposals relevant to both CAP and BCAP. This includes proposals for joint CAP and BCAP guidance on how marketers can avoid indirectly promoting products for which advertising is prohibited, the permissibility of advertisements for e-cigarette retailers which do not refer to products and whether the content rules for e-cigarette advertisements remain fit for purpose for regulating lawful advertisements.