- CAP enforces vape ads rules
- Social media promotions banned
- Non-compliance faces sanctions
The Committee of Advertising Practice (CAP) has issued enforcement notices to vape manufacturers and retailers, outlining clear regulations and emphasising that non-compliance will not be tolerated. Those “unwilling or unable to comply” will face sanctions, the committee added.
The advertising regulator has warned that advertisements for vapes on social media platforms “must cease” and that claiming ignorance is not a sufficient justification.
The CAP, which regulates non-broadcast advertisements, has informed e-cigarette advertisers that they are legally prohibited from marketing nicotine-containing vapes that are not licensed as pharmaceuticals on most social media platforms.
Currently, retailers are forbidden from selling disposable vapes to individuals under 18, and these devices cannot be advertised in nearly all media outlets or marketed towards minors.
Therefore, it is impermissible for brands or retailers to promote them through sponsored or unsponsored posts on public platforms, including TikTok, Instagram, or Facebook.
Limited online spaces, such as company websites, will permit vape advertisements, provided they do not specifically target or appeal to children. They may only include truthful assertions about the products.
CAP has issued enforcement notices to vape manufacturers and retailers, outlining clear regulations and emphasising that non-compliance will not be tolerated. Those “unwilling or unable to comply” will be met with sanctions without hesitation, the organisation added.
Advertisers have until March 28 to comply with the regulations.
CAP has also announced it will conduct increased surveillance and take action against advertisements that violate the rules.
Last year, the regulator issued an enforcement notice to manufacturers and retailers of electronic cigarettes, demanding the cessation of paid promotions on TikTok.
CAP found through AI-assisted surveillance that the organisations involved in social media promotion of vapes or offering incentives to do so were “typically small traders” who “likely lacked awareness” of the relevant regulations and legislation.
“Our enforcement notice leaves traders with no ambiguity regarding their responsibilities under both statutes and makes it abundantly clear that social media promotions of electronic cigarettes must cease,” said Shahriar Coupal, secretary of CAP.
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“We, in collaboration with our enforcement partners, will promptly impose sanctions on those who do not comply.”
The crackdown comes ahead of the spring budget, in which Chancellor Jeremy Hunt is considering a “vaping products levy” that manufacturers and importers of vaping products would be required to pay to prevent minors from purchasing the habit.
Rishi Sunak has announced his intention to ban disposable vapes in response to increasing concerns about their prevalence among children, particularly following reports of nicotine addiction at school.
Additionally, the Scottish and Welsh governments will ban single-use vapes by the end of 2025.
