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A paid-for Google ad for Golden Vape, provided by the aggregator website Shoparade.uk, contained an image of an e-cigarette product, with the text “POD X2 … LEMON LIME” on the product box. The ad stated “4 in 1 Pods, Replaceable … £4.50 … Free delivery, eBay … Pods, Prefilled … By Shoparad … 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.
Golden Vape said they had never run, approved or been involved in any advertising through Google or any other platform. They said the ad had been provided by the third-party aggregator with whom Golden Vape had no relationship.
The ASA found that while the ad had been created solely by the third-party partner, without any input from Golden Vape and that Golden Vape had been unaware of the ad, they were responsible under the CAP Code for ensuring that their ads complied.
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 are not licensed medicines should not appear in paid-for Google ads or in other non-permitted media.