A post on a social media platform promoting Elf Bar, an e-cigarette brand, was challenged by the Advertising Standards Authority (ASA). The post appeared on Elf Bar’s server with a 5% discount code. 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 ASA concluded that the information on Elf Bar’s server was not accessible to, or otherwise shared with, other users unless they had joined that server. Because the content in the server could only be found by those actively seeking it, the ASA considered the server a non-paid-for online space under the marketer’s control analogous to a website. Therefore, factual claims about nicotine-containing e-cigarettes and their components were permitted in that space. Notwithstanding that, the ASA found that the discount code in the ad was promotional in nature in that it went beyond factual descriptions of Elf Bar’s products. The ASA ordered that the ad not appear again in the form complained about.
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.
"The advertised discount applied to all products on the Elf Bar UK website, the Official Elf Bar Online Vape Store, and we understood that a range of nicotine-containing e-cigarettes and their components were available on that site. We therefore considered the ad had the direct effect of promoting nicotine-containing e-cigarette products which were not licensed as medicines. Because promotional claims for nicotine-containing e-cigarettes were not permitted in online media, we concluded the ad breached the Code. We welcomed Elf Bar’s assurance that they had removed the ad."
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.
A post on a social media platform promoting Elf Bar, an e-cigarette brand, was challenged by the Advertising Standards Authority (ASA). The post appeared on Elf Bar’s server with a 5% discount code. 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 ASA concluded that the information on Elf Bar’s server was not accessible to, or otherwise shared with, other users unless they had joined that server. Because the content in the server could only be found by those actively seeking it, the ASA considered the server a non-paid-for online space under the marketer’s control analogous to a website. Therefore, factual claims about nicotine-containing e-cigarettes and their components were permitted in that space. Notwithstanding that, the ASA found that the discount code in the ad was promotional in nature in that it went beyond factual descriptions of Elf Bar’s products. The ASA ordered that the ad not appear again in the form complained about.