E-cigarettes Rules Knowledge Sharing Session

E-cigarette Advertising Rules Rob Morrison Senior Regulatory Policy Executive Committee of Advertising Practice

Today’s presentation • Who we are • E-cigarette rules • Examples of how the rules are enforced • Next steps

Two bodies, shared goals writes and enforces the Advertising Codes assesses if ads breach the Advertising Codes

Sector-specific rules… 10 content rules loosely under the following themes: • Prevention of links with tobacco • Protection of non-smokers / non-nicotine users • Protection of young-people • Prevention of health and medicinal claims + Placement and scheduling rules

Advertising rules: • Proper regard to the wider legal framework • Full account of the best available evidence • Benefit from periodic review • Tread a middle ground between the needs to protect some consumers and the right of advertisers to reach a legitimate adult audience

Preventing links with tobacco • Ads must not cross-promote tobacco brands • Ads must not promote tobacco products more generally • Ads must make clear that the product is an e-cigarette and not a tobacco product.

E-cigarette ads on TV Mirage Cigarettes Ltd Must Have Ltd

Protection of young people Ads must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. Ads must not show people who are, or who look, under 25 using e-cigarettes or playing a significant role

Hubby Bubbly Ltd – 2015

Zandera Ltd - 2015

Mirage Electronic Cigarettes - 2015 “Berry Blast” / “Bubblegum” / “Lemon sherbert”

Where next for CAP and BCAP? • CAP and BCAP are beginning a review of the rules: • Are they being followed? • Do they reflect the best available evidence? • Is there anything to learn? • Attempt to harmonise any outcomes with the….

…Tobacco Products Directive • Department of Health have clarified the legislative position with regard to specific media types • ASA / CAP now in dialogue with DH to see how those aims are best achieved • Any changes to the Codes will likely result in consultation so sign-up for CAP Updates if you haven’t already!

Scotland • Health (Tobacco, Nicotine etc. and Care) (Scotland) Bill currently at Committee Stage • Ban on all e-cigarette advertising, bar point of sale, likely to become law • ASA / CAP will be working to clarify the effect in practice, particularly with regard to cross- border media within UK

CAP and ASA websites

We’re here to help Follow us on Twitter: @ASA_UK and @CAP_UK Sign up to: Insight and Update Search our online advice database: www.cap.org.uk Keep in touch: [email protected]