UK: BAT Keeps Promoting Vaping Devices Despite Ad Ban

On May 6, reports emerged that despite a local ban on electronic cigarette advertising, British American Tobacco (BAT) appears to have opened accounts to promote e-cigarettes.

In accordance with the EU Tobacco Products Directive (TPD), UK CAP Rule 22.12 prohibits the promotion of nicotine-containing e-cigarettes in newspapers, magazines, journals, and online media without permission. However, the regulation allows factual statements about products on marketers' own websites, and in principle, this exception may extend to social media activities.

To this end, BAT, as one of the manufacturers banned from advertising, argues that its promotional activities fall under this exception. However, the ASA pointed out that the tobacco company’s use of celebrities in Instagram posts clearly exceeds the provision of factual information and is essentially promotional.

The ASA considered whether posts on public Instagram profiles could be distributed to users who do not follow that account and determined that through the use of tags and Instagram's browsing options, other users could view these posts.

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.

Nevertheless, 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.

Additionally, it is claimed that BAT is using paid advertisements and branded content on Facebook, despite being prohibited from doing so under social media platform regulations. These ads include some posted in early March on the Glo Poland account, many of which originated from the Glo Romania page and were promoted on Instagram.

Meanwhile, a spokesperson for BAT denied allegations of marketing targeting minors.

Simon Cleverly, head of corporate affairs at BAT, stated, "All our marketing activities adhere to our international marketing principles. These fundamental requirements stipulate that all communications must be directed solely at adult consumers and are not intended to attract or appeal to young people."

Cleverly added that in many ways, social media gives us greater control than traditional media such as billboards and television, thus ensuring that our communications are directed only at adult consumers.