TOBACCO CONTROL LAWS

ASA Ruling on Flavour Warehouse Ltd. t/a Elfbar

Several websites promoting one e-cigarette company, Flavour Warehouse Ltd. t/a Elfbar, were challenged by Imperial Tobacco Ltd. and Nicoventures Retail (UK) Ltd. The websites contained numerous statements including “best” vape; “delicious flavors”; “make the switch today”; and “check out the great reviews”. Complainants understood that only factual, not promotional, content was permitted on marketers’ own websites for unlicensed nicotine containing e-cigarettes and their components.

UK regulations clearly prohibit online advertising of e-cigarettes but allow a manufacturer to provide factual product information such as the name, content, and price of the product on its own websites. The Advertising Standards Authority (ASA) concluded that the statements went further than simple factual claims and constituted descriptive, promotional language. Further, the phrase “sign up today for special bonuses and extra points” was designed to entice new customers and was therefore promotional rather than factual. Thus, the ASA ordered that the ads not appear again in the form complained about.

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ASA Ruling on Flavour Warehouse Ltd t/a Elfbar, Internet (website content), Complaint Ref: G23-1196970 (2023).

  • United Kingdom
  • Sep 20, 2023
  • Advertising Standards Authority

Parties

Plaintiff

  • Imperial Tobacco Ltd.
  • Nicoventures Retail (UK) Ltd.

Defendant Flavour Warehouse Ltd. t/a Elfbar

Legislation Cited

Tobacco and Related Products Regulations 2016

CAP Code

Related Documents

None

Type of Litigation

Enforcement Action by a Private Individual or Private Entity
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

None

Type of Tobacco Product

E-cigarettes and other ENDS products
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.
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