UK tobacco control regulations prohibit advertising of e-cigarettes online. This ban is reflected in the Code regulating advertising, which states that ads which have the direct or indirect effect of promoting nicotine-containing vaping products and their components, which are not licensed as medicines, are not allowed in most online media, including social (CAP Code 22.12).
In recent months the Advertising Standards Authority (ASA) has upheld complaints in two cases involving influencers promoting e-cigarettes on Tik Tok (Green Fun Alliance May 2023; HQD Tech UK, May 2023). On June 23 the ASA went a step further. Citing concerns around young people vaping, the ASA issued an enforcement notice to put the industry on notice that tackling this practice is a high priority and that if necessary they will call upon Trading Standards to act to ensure the ads are removed.
According to the notice, the industry has until July 17 July to comply or face enforcement action. Any Tik Tok postings relating to e-cigarettes which are not licensed by the MHRA labeled “paid partnership” or “#ad” will become a target for ASA action. (Note that a separate requirement of the CAP Code requires that marketing communications must be obviously identifiable as such eg by #ad or “paid partnership” - see eg the recent Qatar Tourism ASA ruling - June 2023.)
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