Since 2016 (Tobacco and Related Products Regulations 2016) advertising of unlicensed (ie not licensed as medicines) nicotine - containing e-cigarettes and their components in certain media has been prohibited in the UK. The Advertising Code reflects that ban but factual claims about products are permitted on marketers’ own websites (the rationale for this distinction is that the consumer has specifically had to seek out that information by visiting the website). There is often some debate regarding the limits of factual descriptions, particularly relating to flavours: where do they cross the line into promotion?
The Advertising Standards Authority’s decision in Kick Ash Vapes published this month https://www.asa.org.uk/rulings/kick-ash-vapes-ltd-a22-1146970-kick-ash-vapes-ltd.html serves as a helpful reminder to marketers that there are limits to the “factual information” safe space.
Kick Ash’s website listed e-liquids branded “Guava Rubicana by Frooti Tooti” and “Lychee Rubicana by Frooti Tooti”. So far so exotic, but the product descriptions led to a complaint.
Guava Rubicana was described as featuring”… a sweet and sharp taste of energising guava that fills your mouth with fruity juice in combination with fizzy sparks you must try a truly tropical vape juice!” and “2x Nicotine Shots Included”. Lychee Rubicana was claimed to feature “… a sweet and sharp taste of lychee juice that tingles on your taste buds with each puff”
In upholding the complaint the ASA ruled that the website language of the descriptions went further than simple factual claims and constituted descriptive, promotional language that was not permitted under the Code. The ASA also confirmed that a product image (name and packaging) is not in itself promotional.
Comments