Ad description
A website for NEAFS, www.neafs.com, a retailer of heated cigarette sticks, seen on 11 November 2022. The home page featured images of various people holding and using a NEAFS device.
Issue
The complainant challenged whether the ad breached the Code by featuring people with e-cigarettes who appeared to be under 25 years old.Response
Neafs UK Ltd t/a Neafs said all the models used in their ads were selected to target their market which was aged 25‒50 years. When assessing how old the models would be perceived to be, they took into account height, facial features (such as skin lines) non-verbal body language, perception of self-care and external guidance on age assessment. They also ensured that appropriate social situations were used.
Neafs provided identification documentation for the models in the ad, including their ages. They highlighted a particular model and said that she had the appearance of glabellar lines (creases between her eyebrows and above the nose) and was developing lip lines on her face, which they believed were representative of an average age of 30 years plus. They said other models displayed facial lines, which were common in people aged between 30 and 40 years.
Neafs said all their models were photographed in locations associated with business, careers or the home and said their manner of dress and the body language would also be associated with those areas. They believed the models also displayed elevated self-care, promoting an image associated with individuals who had established careers and were homeowners, therefore representative of the 25‒50 age bracket. Their ads did not feature people in social settings such as clubs, pubs or in groups. They considered they were not dressed in clothing which would commonly be associated with an under-25 age group.
Neafs said one of the models was provided from a third-party photo stock and was tagged as over the age of 29. However, that image would shortly be removed and replaced by one of their own models. They did not believe that any of the models in the ad represented the under-25 age group.
Assessment
Upheld
The overview of Section 22 of the CAP Code stated that, for the purposes of that section of the Code, “e-cigarette” meant a product that was intended for inhalation of vapour via a mouthpiece, or any component of that product, including but not limited to cartridges, tanks and e-liquids. The ASA understood that the Neafs stick was an electronic device which heated tea leaves for inhalation. We therefore considered that because the product was intended for inhalation via a mouthpiece, the rules in section 22 (other than rule 22.12) applied.
The CAP Code also stated that anyone shown using e-cigarettes or playing a significant role must neither be, nor seem to be, under 25.
We acknowledged that Neafs had taken steps to verify the ages of the models featured in the ad. However, the identification documents showed that one of the male models featured in the photos at the bottom of the home page, who wore a checked shirt in one image and a navy shirt in another and was shown holding the product, would have been 24 years old at the time the ad was published. Because he was under 25, we concluded those images were in breach of the Code.
Although we acknowledged that the models dressed in smart, professional clothes were likely to be seen as older, we considered the female model featured under the heading “What makes NEAFS amazing” wearing an open checked shirt, appeared more casually dressed, and had smooth skin and loose hair, which reinforced a youthful and casual appearance. We noted her image was featured next to three testimonials that appeared in succession under the heading “What NEAFS users are saying”. One of the testimonials stated “Hi, I purchased your … pack today at Heathrow Central bus station and I can certainly say your product is soooooo great!!!”. We accepted that the other testimonials contained language likely attributable to older people, but we considered the language, punctuation and tone of that testimonial was more likely to be associated with a younger person. We therefore considered that those elements taken together gave the overall impression that she would be seen to be under 25 and the use of that image was in breach of the Code.
We therefore concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 22.10 (Electronic cigarettes).
Action
The ad must not appear again in the form complained of. We told Neafs UK Ltd to ensure that their ads did not show people who were, or seemed to be, under 25 years of age, using e-cigarettes or playing a significant role.
