United Kingdom

An influencer posted a video on TikTok reviewing Elfbar e-cigarettes sent to her by Cloud City. The e-cigarettes featured in the ad were positively reviewed, with recommendations for various flavors being discussed. The ASA challenged whether the post 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 ad breached the Code as it 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 found that the post was a marketing communication that fell within the remit of the CAP Code as there were text messages establishing the relationship; and the post referred to e-cigarette distributor Cloud City Vapez, “Paid partnership”, and “#ad.” The unlicensed e-cigarettes that were prominently featured in the ad were promotional content and therefore restricted.

The ASA ordered that the ad not appear again in the form complained about.