Ad description
A national press ad for e-cigarettes included an image of a number of packages of the product alongside text that stated "A BIG DEAL FOR SMOKERS Finally there's an e-cigarette that can deliver a truly realistic experience and a smooth, satisfying taste. Try the Vype e-cigarette FREE at goVype.com/guardian". Small print at the bottom of the ad stated "Contains nicotine. Always read the label. Terms and conditions apply".
Issue
The complainant challenged whether the ad was irresponsible, because it could encourage non-smokers and former smokers to take up smoking.
Response
CN Creative Ltd t/a Vype (Vype) said they were aware of concerns in relation to the advertising of e-cigarettes, in particular in respect of increasing nicotine usage and the products being a gateway into smoking. They stated that, although they did not believe there was any evidence to support those concerns, it was their policy that, where permitted, all their advertising was clearly targeted at existing smokers only and contained nothing that could be construed as appealing to youth. They provided a copy of the Action on Smoking and Health fact sheet on the use of e-cigarettes in Great Britain May 2013, which they considered demonstrated a lack of evidence to support the gateway concern.
Vype did not believe there was anything in the ad that encouraged smoking traditional cigarettes, whether by smokers, non-smokers or former smokers. They considered the key message of the ad was to encourage smokers to try Vype as an alternative to cigarettes in order to get them to switch. They considered that the headline claim "A BIG DEAL FOR SMOKERS" clearly targeted the ad at smokers and said that claim was made in the largest font size in the ad and in capital letters to give it prominence. They considered the ad made it clear that Vype was an electronic cigarette rather than a traditional cigarette and therefore consumers would recognise it as an alternative product for smokers. They believed there was a potentially significant number of public health benefits if smokers could be persuaded to switch to e-cigarettes and provided a number of comments from doctors and professors who supported that position.
They said Vype had been designed to look and feel like a traditional cigarette in order to help encourage adoption by current smokers, and they had therefore wanted to convey that it delivered a realistic experience. They stated that they needed to deliver much of the experience smokers expected from a cigarette and therefore the words "smooth" and "satisfying taste" were included to encourage trial and adoption of the product by highlighting characteristics they felt were important to smokers. They said an image of the stick was included to convey that they looked like traditional cigarettes, but they considered that the packaging did not resemble that of a cigarette pack. They said there was nothing in the ad that referred to the act of smoking or that depicted or referred to tobacco smoking in a positive or promotional light. They did not consider that the ad glamorised the product or encouraged excessive or inappropriate use.
Vype believed that previous ASA adjudications on e-cigarettes appeared to make clear that an ad for a product that was clearly a non-tobacco product could not be found to normalise or encourage smoking and that the advertisement of e-cigarettes was not automatically harmful, provided that it was done in a responsible manner. They said that, given that the ad was clearly for a non-tobacco product, it could not be seen to encourage or normalise the use of tobacco.
Assessment
Not upheld
The ASA noted that nicotine-containing e-cigarettes could be sold legally in the UK, were not a prohibited category under the CAP Code, and were therefore permitted to be advertised, within the confines of the CAP Code.
We noted that the ad was headlined "A BIG DEAL FOR SMOKERS" and considered that clearly addressed the ad at current smokers. We also considered that the ad made clear that the ad was for an e-cigarette and that it therefore disassociated the product from a traditional tobacco cigarette. We noted that the ad featured images of the e-cigarette and of packets of Vype, but did not consider that those packets closely resembled the style or design of a traditional tobacco cigarette packet. Although we acknowledged that the claim " ... truly realistic experience and a smooth, satisfying taste" highlighted the similarities between e-cigarettes and traditional cigarettes, we considered that consumers were likely to understand that claim to refer to the appeal of the e-cigarette as an alternative to traditional cigarettes, and not to the benefits of tobacco products. We did not consider that it would appeal to those who did not already have a nicotine habit.
Because we considered that the ad targeted those who already smoked and was clearly for a non-tobacco product, we concluded that it was unlikely to encourage tobacco smoking amongst non-smokers.
We investigated the ad under CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising) and 4.5 4.5 Marketing communications, especially those addressed to or depicting a child, must not condone or encourage an unsafe practice (see Section 5: Children). (Harm and offence) but did not find it in breach.
Action
No further action necessary.
