Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.

As with all age-restricted products, there are strict rules around the advertising of e-cigarettes, to protect children and young persons, both in terms of the content of ads and their placement.

The following guidance applies to marketing communications in permitted media or those not caught by the media prohibitions – some example cases included may pre-date the media prohibitions and are included for illustration only.

Don’t feature anyone who is, or seems to be, under 25

Ads which fall within the scope of Section 22 must not feature anyone playing a significant role or using an e-cigarette if they are, or appear to be, under the age of 25 (rule 22.10).

The ASA ruled that several ads for Hubbly Bubbly Ltd breached rule 22.10 by featuring people – all of whom were using e-cigarettes – who did not appear to be over the age of 25 (Hubbly Bubbly Ltd,10 June 2015).  Given that it can be difficult to establish whether someone ‘appears’ to be under the age of 25, marketers are strongly advised to avoid featuring anyone who is at risk of appearing under 25 either using an e-cigarette or in a significant role.

Don’t include content likely to be of particular appeal to under 18s

Ads for e-cigarettes and their components are also prohibited from featuring anything likely to be of particular appeal to people under the age of 18, under rule 22.9.

Marketers should avoid anything likely to reflect or be associated with youth culture, any characters likely to be of particular appeal to under 18s and anyone behaving in an adolescent or juvenile manner.

Ads featuring cartoon images of Santa, a gingerbread man and an elf were considered to have been of particular appeal to children, in breach of rule 22.9, due the combination of the fact that they were characters children would be familiar with and the style of the images being very ‘child-friendly’, rather than more suitable for an adult audience (Fischen Medical Ltd, 15 February 2017).

The ASA also ruled that several online ads for an e-cigarette brand were irresponsible, because they featured celebrities which the ASA considered were likely to be of particular appeal to children and presented models in a way they considered was reminiscent of young urban fashion. The ASA was also concerned that the ads depicted people who appeared to be under the age of 25 both in significant roles and using e-cigarettes (Hubbly Bubbly Ltd, 10 June 2015).

Target ads responsibly

Ads for e-cigarettes must be targeted responsibly; they must not be directed at under 18s through the selection of media or the context in which they appear and no medium should be used if more than 25% of its audience is under 18 (rule 22.11).

Many outdoor media owners apply a ‘100 metre rule’, meaning they will not place certain ads, for example those that are sexually suggestive, or those that promote age-restricted products such as alcohol, gambling or HFSS food product’s, within 100 metres of a school boundary.  While this is not an explicit requirement under the CAP Code, the ASA has previously taken the application of the position into consideration when assessing whether an ad has been responsibly placed.  As such, marketers are advised to consider this approach when ensuring outdoor e-cigarette ads are not targeted at an audience which consists of more than 25% of under-16s.

See also: Electronic cigarettes: Overview and Electronic Cigarettes: Media Prohibitions

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