ElfBar and HQD accused of violating social video advertising codes, all TikTok marketing canceled

On May 10, disposable e-cigarette brand ElfBar said it had removed all of its marketing on TikTok after it was found to have violated advertising codes.

The brand was criticized by the Advertising Standards Authority (ASA), which found that a TikTok post from the account @Panaxhe_ promoted the e-cigarette brand in breach of advertising rules.

The May post showed scenes from a young person’s daily life, including the use of an ElfBar e-cigarette. In the video post, he wrote in a notebook, “Why I love my ElfBar rechargeable disposable pod.” On-screen text read “rich flavor,” and said that “rechargeable products save a lot of money,” accompanied by a heart-eyes emoji.

The post was determined to be promoting e-cigarettes, and because it was a public post viewable by any TikTok user, it was considered a violation of the rules.

In response to the ASA, ElfBar owner Green Fun Alliance said it would improve its internal review and monitoring mechanisms to ensure all online content complies with regulatory requirements. It said it had launched an internal investigation into its outsourced marketing agency to find out how the video was made.

The company added that its outsourced marketing provider had posted the video without conducting the necessary checks with ElfBar.

TikTok said the video had not appeared in paid advertising space, but the post was removed from the platform for violating its branded content policy and community guidelines.

ElfBar added that, due to the complaint originally raised by Imperial Tobacco, it would stop all TikTok marketing in the UK.

Last summer, an Observer investigation found that ElfBar regularly promoted its products on TikTok, uncovering a large number of posts showing influencers—who said they were paid for promotions and benefited from free products—vaping on camera.

Earlier this week, a second e-cigarette brand, HQD, was also found in violation after former Gogglebox contributor George Baggs posted on TikTok.

In the post, the 19-year-old said he was “matching my outfit with my HQD e-cigarette.” HQD claimed it did not believe he was encouraging viewers to try the product, but the ASA disagreed and banned the ad from appearing again.

A recent survey by ASH found that TikTok was the place where respondents most often saw e-cigarette promotions online, with nearly half saying they had seen them there.

The survey also found that among teenagers aged 11 to 17, more than half (56%) said they were aware of e-cigarette promotion. TikTok and Instagram were the most frequently mentioned online promotion sources in the report.

The government is currently seeking evidence on how to curb rising youth vaping rates, with part of the focus on the role of social media.