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.
ASA Ruling on Flavour Warehouse Ltd t/a Elfbar, Internet (website content), Complaint Ref: G23-1196970 (2023).
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.
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.
"We understood the claims were intended to provide information about the Elfbar 600 product and the loyalty scheme. Although we acknowledged that a simple description of the product would have been acceptable, we considered the claim “Voted #1 Best Disposable Vape” was promotional in nature. We acknowledged the claim was intended to reflect that the Elfbar 600 was the best-selling disposable vote according to Nielson data and had won an award, although the ad did not state which award it had won. We considered the claim went beyond being factual as the use of the word “best”, in the context of a marketing communication, had the effect of promoting the product. We also considered the use of the phrases “delicious flavours”, “MAKE THE SWITCH TODAY!” and “check out the great reviews” went further than simple factual claims and constituted descriptive, promotional language. We also considered the phrase “sign up today for special bonuses and extra points” was designed to entice new customers and was therefore promotional rather than factual. For those reasons, we concluded that the claims were promotional and therefore breached the Code."
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.
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.