BAT Promotes Vaping Devices in the UK Despite Tobacco Ad Ban
In line with the EU Tobacco Products Directive, Rule 22.12 of the UK CAP Code bans the promotion of unlicensed nicotine-containing vaping products in newspapers, magazines, journals, and online media. However, the rules allow factual claims on marketers’
In accordance with the EU Tobacco Products Directive (TPD), UK CAP Rule 22.12 prohibits the promotion of unlicensed nicotine e-cigarettes in newspapers, magazines, journals, and online media. However, this regulation allows factual statements about products on marketers' own websites, and in principle, this exception may extend to social media activities.<\/div>
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To this end, British American Tobacco (BAT), one of the manufacturers banned from advertising, argues that its promotional activities fall within this exception. However, the ASA pointed out that the tobacco company’s use of celebrities in Instagram posts “clearly [exceeds the scope of providing factual information and is promotional in nature].”<\/div>
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The ASA considered whether posts on public Instagram profiles could be distributed to users who do not follow the account and determined that other users could view these posts through the use of tags and Instagram's “Explore” option. The agency concluded that this is equivalent to pushing content to consumers who do not necessarily choose to receive it. In fact, last December, both Facebook and Instagram announced that they would no longer allow influencers to promote tobacco or e-cigarettes.<\/div>
Despite this, BAT continues to market e-cigarettes and HnB products, featuring attractive model images and tags such as “I dare to try.” It is alleged that the tobacco company operates its accounts by mimicking content previously posted by influencers.<\/div>
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Additionally, it is claimed that BAT is using paid advertisements and branded content on Facebook, despite being prohibited by the social media platform's regulations. These ads include several posted in early March on the Glo Poland account, many of which originated from the Glo Romania page and were advertised on Instagram.<\/div>
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BAT denies marketing to minors.<\/div>
Meanwhile, a spokesperson for BAT denied the allegations of marketing to minors. “All our marketing activities adhere to our international marketing principles. These fundamental requirements state that any communication must be directed solely at adult consumers and is not intended to attract or appeal to young people,” said Simon Cleverly, head of corporate affairs at BAT.<\/div>
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“In many ways, social media gives us greater control than traditional media such as billboards and television, so we ensure that our communications are directed only at adult consumers.”<\/div>
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