Ad description
An email for iVape, a vaping retailer, dated the 26 January 2024, included text in the subject line, “Unwrap Your Savings! Get an exclusive offer on all Vape Kits”. The body of the email said, “Act fast, this special deal is valid for ONLY 24 Hours”. It then showed images and prices for six vaping kits.
Issue
The complainant, who understood that the promotion of nicotine-containing e-cigarettes and their components were not permitted in electronic media, challenged that the ad breached the Code.
Response
iVape London Ltd t/a iVape did not respond to the ASA enquiries.
Assessment
The ASA was concerned by iVape London Ltd’s lack of response and apparent disregard for the Code, which was in breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to provide a response to our enquiries and told them to do so in the future.
Upheld
The CAP Code reflected a legislative ban contained in the Tobacco and Related Products Regulations 2016 (TRPR) on the advertising of unlicensed, nicotine-containing e-cigarettes and their components in certain media, including online and some other forms of electronic media. Only factual claims about unlicensed nicotine-containing e-cigarettes and their components were permitted on marketer’s own websites, and, in certain circumstances, in other non-paid-for space online under the marketer’s control. Claims, therefore, promotional in nature were prohibited.
The ad, an email, which was sent to a member of the public, highlighted six vape kits that the ASA understood all could be used with nicotine containing e-liquids. In addition, two images in the email, featured the specific vape kits alongside packaging with warnings that the products contained nicotine. Therefore, we considered that the vape kits could be used with nicotine-containing e-liquids, and as such the ad directly promoted nicotine-containing e-cigarettes.
We further noted that the subject line of the email stated, “Unwrap Your Savings! Get an exclusive offer on all Vape Kits” and the body of the email said, “Act fast, this special deal is valid for ONLY 24 Hours”. Therefore, the email went further than simple factual claims and constituted descriptive, promotional language that was not permitted under the Code.
Because we considered that the ad, which contained claims that were promotional in nature, directly promoted unlicensed nicotine-containing e-cigarettes to consumers in unpermitted electronic media, we concluded the ad breached the CAP Code.
On that point, the ad breached CAP Code (Edition 12) rule 22 .12 (Electronic cigarettes).
Action
The ad must not appear again in the form complained about. We told iVape London Ltd that marketing communications that promoted nicotine-containing e-cigarettes and their components to consumers, which were not licensed as medicines, should not be made in their emails.
