While we understood that UKVAPINGSTORE might not have set out to promote e-cigarettes that were not licensed as medicines in non-permitted media, they as the marketer were nevertheless responsible under the CAP Code for ensuring that their ads complied, notwithstanding the fact that the ad may have been created solely by the third-party partner without any input from UKVAPINGSTORE themselves.
ASA Ruling on UK Electronic Cigarette Ltd t/a UKVAPINGSTORE
ASA Ruling on UK Electronic Cigarette Ltd t/a UKVAPINGSTORE, Complaint Ref. A24-1269901 (2025).
- United Kingdom
- May 14, 2025
- Advertising Standards Authority
A paid-for Google ad for UKVAPINGSTORE, provided by the aggregator website Falcongalaxy.com, contained a picture of multiple e-cigarette products with overlaying text which stated, “UK VAPING STORE … Buy 3 Get 1 FREE … Buy 7 get 3 FREE … Buy 10 Get 4 FREE”. The caption below stated, “Pre Filled Replacement … £6.99 … eBay.co.uk … By Falcon G … Shop now”.
The ASA challenged whether the ad breached the CAP Code by promoting unlicensed, nicotine-containing e-cigarettes and their components through a sponsored link.
The ASA found that while the ad may not have set out to promote e-cigarettes, as a marketer they were responsible under the CAP Code for ensuring that their ads complied, notwithstanding the fact that the ad may have been created solely by the third-party partner without any input from UKVAPINGSTORE.
The CAP Code was breached, and the ad must not appear again in the form investigated; and marketing communications that have the direct or indirect effect of promoting nicotine-containing e-cigarettes and their components that were not licensed medicines should not appear in paid-for Google ads or in other non-permitted media.