“Golden Vape had originally listed their products for sale on eBay. We understood from eBay (UK) Ltd that, by using their site, sellers signed up to a User Agreement which required them to consent to third parties having access to seller listings for the purposes of advertising those listings, including on third-party advertising placements. There was no method of opting out of that requirement and there was no subsequent notification to sellers when their goods were promoted via one of eBay’s third-party partners. When a purchase was made through one of the third-party partner’s links, the third-party partner received a fee from eBay. We understood there was no additional cost to the consumer when buying through one of the third-party links...We understood that the ad had been created solely by Shoparage.uk, the third-party partner, without any input from Golden Vape and that Golden Vape had been unaware of the ad. However, as the marketer, they were responsible under the CAP Code for ensuring that their ads complied.”
ASA Ruling on Golden Vape UK Ltd t/a Golden Vape
ASA Ruling on Golden Vape UK Ltd t/a Golden Vape, Complaint Ref. A24-1269900 (2025).
- United Kingdom
- May 14, 2025
- Advertising Standards Authority
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.