Background

 Summary of Council decision:

Two issues were investigated, both of which were Not upheld.

Ad description

A poster and magazine ad, for E-Lites electronic cigarettes (e-cigarettes), featured an image of a man with a beard and tattoos on his neck pictured from the side, dressed in a suit. There was also an image of a packet of E-Lites in red and white packaging, with beige and white e-cigarettes inside.  Text stated "e-lites.co.uk THE UK'S MOST POPULAR ELECTRONIC CIGARETTE … ALTERNATIVELY AUTHENTIC … AUTHENTIC ALTERNATIVE … E-Lites -BELIEVE-YOU-CAN- Contains nicotine. 18+. Existing smokers only".

Issue

1. Six complainants challenged whether the ad was irresponsible because they believed that it did not make clear that the product was an e-cigarette and not a tobacco product.

2. Three complainants challenged whether the ad was irresponsible because the man was likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture.

Response

Zandera Ltd said they advertised their e-cigarettes exclusively to existing smokers aged 18 years or over, which they said was stated in the ad, along with the text "Contains nicotine".

1. They pointed out that the ad stated "The UK's most popular electronic cigarette", "electronic cigarette" and "No tar no tobacco" on the image of the product, and the slogan stated "AUTHENTIC ALTERNATIVE". They said the ad was for a product that had some similarities to cigarettes, but the ad made clear it was not a cigarette. They said their brand was very recognisable and they provided data to support this. They said that the design, imagery and logo style would be associated with their brand, not a cigarette brand.

2. They said they did not promote their product to under-18s and that the text stated "18+. Existing smokers only". They explained that the man in the ad was 27 years old and provided a copy of his passport. They said he looked over 25 years old, due to his substantial beard and formal style and that the facial hair, hair-cut and tattoos with sombre clothing aimed to represent a man in his late-twenties who was authentically alternative.

Assessment

1. Not upheld

The ASA acknowledged that the image of the product, which had the appearance of cigarettes in cigarette packaging, was large and centrally placed and the font of the "E-lites" text and the emblem above, along with the red and white colouring, were reminiscent of a well-known tobacco brand. However, the ad featured the text "e-lites.co.uk" at the top of the ad in large lettering, and the text "E-Lites" in the centre, on the image of the cigarette packet, and at the bottom of the ad, also in large lettering. The ad also included the text "THE UK'S MOST POPULAR ELECTRONIC CIGARETTE" and "Contains nicotine. 18+. Existing smokers only". We considered the text made it sufficiently clear that the product was an e-cigarette, and not a tobacco product. Because of that, we concluded the ad was not irresponsible.

On that point, we investigated the ad under CAP Code (Edition 12) rules  22.1 22.1 Marketing communications for e-cigarettes must be socially responsible.  and  22.4 22.4 Marketing communications must make clear that the product is an e-cigarette and not a tobacco product.   but did not find it in breach.

2. Not upheld

Although the man in the ad had a beard, hair-cut and tattoos that might be considered fashionable, we noted that he was 27 years old and dressed in formal clothing. The image was shot in profile and, therefore, the model was not directly engaging with the viewer, but featured as a background image as a representation of the "AUTHENTIC ALTERNATIVE" slogan. We considered neither the appearance of the model nor his pose was likely to have particular appeal to people under 18 and we concluded the ad was not irresponsible.

On that point, we investigated the ad under CAP Code (Edition 12) rules  22.1 22.1 Marketing communications for e-cigarettes must be socially responsible.  and  22.9 22.9 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18. People shown using e-cigarettes or playing a significant role should not be shown behaving in an adolescent or juvenile manner.   but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

22.1     22.4     22.9    


More on