Two posts on IVG’s public TikTok account displayed boxes of e-cigarettes, featuring positive reviews and recommendations of various flavors. The ASA challenged whether the posts breached the CAP Code by promoting unlicensed nicotine-containing e-cigarettes and their components on TikTok.
The CAP Code states that except for media targeted exclusively to the trade, marketing communications with the direct or indirect effect of promoting nicotine-containing e-cigarettes and their components that are not licensed as medicines are not permitted in online media and some other forms of electronic media. The ASA concluded that the ads breached the Code as they promoted the e-cigarette brand from a public TikTok account. The ASA explained that TikTok posts can be distributed beyond the followers of a particular account and therefore was not equivalent to actively seeking out information about e-cigarettes. Thus, public social media accounts, like TikTok, are not analogous to a website, and therefore, neither factual nor promotional content for e-cigarettes is permitted.
The ASA ordered that the ad not appear again in the form complained about.
ASA Ruling on ACME Vape Ltd., Social media (own site), Complaint Ref. A23-1205199 (2023).
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"Ads (a) and (b) were posts on the Acme Vapes TikTok account, which promoted that e-cigarette brand. Text below the videos stated, “#lvg #flavourtest time #vapebar#lvg #fyp #fpr you #unboxing # #vapedevice #ivg #vapecommunity" and “Can we just #Ivgbar #unboxing #foryoupage #foryou #fypage #discover #unbox #vapebar”. We considered that this established that the posts were marketing communications falling within the remit of the CAP Code. We considered whether the ads directly or indirectly promoted a nicotine-containing e-cigarette. Unlicensed e-cigarettes were prominently featured in the ads, and ad (d) featured positive reviews and recommendations of various flavours. We therefore considered that the ads contained promotional content for the product and consequently the restriction that applied to online media under rule 22.12 was applicable."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
Two posts on IVG’s public TikTok account displayed boxes of e-cigarettes, featuring positive reviews and recommendations of various flavors. The ASA challenged whether the posts breached the CAP Code by promoting unlicensed nicotine-containing e-cigarettes and their components on TikTok.
The CAP Code states that except for media targeted exclusively to the trade, marketing communications with the direct or indirect effect of promoting nicotine-containing e-cigarettes and their components that are not licensed as medicines are not permitted in online media and some other forms of electronic media. The ASA concluded that the ads breached the Code as they promoted the e-cigarette brand from a public TikTok account. The ASA explained that TikTok posts can be distributed beyond the followers of a particular account and therefore was not equivalent to actively seeking out information about e-cigarettes. Thus, public social media accounts, like TikTok, are not analogous to a website, and therefore, neither factual nor promotional content for e-cigarettes is permitted.
The ASA ordered that the ad not appear again in the form complained about.