Today we're launching a consultation on new rules and guidance on the advertising of e-cigarettes. The consultation responds to the European Tobacco Products Directive (TPD) and its UK implementing legislation (the Tobacco and Related Products Regulations) coming into effect earlier this year. These new laws prohibit the advertising of e-cigarettes and e-liquids which contain nicotine and which are not licensed as medicines, in some media channels.

We are seeking views on how best to reflect these legal prohibitions on non-broadcast advertising in our Code so that the ASA can enforce them. We are also seeking views on their proposals for accompanying guidance and on diverse other issues including the acceptability of ads for e-cigarette retailers (as distinct from products), the issue of health claims and whether the content rules put in place in 2014 remain proportionate. We have already made some changes to the BCAP Code in light of the TPD coming into force; an announcement about which can be found here.

The consultation will last one calendar month and closes at 5pm on Monday 31 October.


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