ASA Tightens Scrutiny on Vape Company Emails: A Cautionary Tale for the Industry

New Ruling Highlights the Need for Adherence to Advertising Codes in E-cigarette Promotions

In a recent ruling, the Advertising Standards Authority (ASA) has intensified its oversight of email promotions within the vaping industry, signalling a notable shift in the regulation of e-cigarette advertising.

Stricter Controls on Email Marketing
The spotlight was cast on a vape company’s email campaign, which featured subject lines designed to attract attention with offers such as “Unwrap Your Savings! Get an exclusive offer on all Vape Kits.” The email also urged swift action from recipients by stating, “Act fast, this special deal is valid for ONLY 24 Hours.” The email also included images and prices of various vape kits, clearly intended to drive immediate sales.

An anonymous complaint was raised, claiming that the promotion of nicotine-containing e-cigarettes through electronic communications breached existing advertising regulations. This prompted the ASA to launch an investigation into the matter.

Despite the ASA’s efforts to engage with the vape company for a response, there was no reply. The lack of cooperation led the ASA to independently assess the situation, noting with concern the company’s disregard for the established advertising codes and the regulatory process.

Implications for the Vape Industry
The ASA’s ruling pointed to the CAP Code and the Tobacco and Related Products Regulations 2016 (TRPR), which explicitly prohibit the promotion of unlicensed nicotine-containing e-cigarettes through online and electronic media channels, including email. The ruling further emphasised that while factual information about these products is permissible on a company’s own website, promotional content is strictly prohibited in paid or unsolicited communications.

The content of the email in question was found to breach these rules, as it promoted vape kits that could be used with nicotine-containing e-liquids rather than simply providing factual information. As a result, the ASA ordered that the advertisement must not be used again, reinforcing the prohibition against promoting nicotine-containing e-cigarettes in emails.

This ruling sends a clear message to the vaping industry: there is an increasing need to reassess and align marketing strategies with the current advertising regulations to avoid similar sanctions. The ASA’s decisive action underscores its commitment to enforcing these rules and protecting consumers from potentially misleading promotions.

Navigating ASA Rules: What Vape Companies Can Include in Emails
For vape companies aiming to comply with ASA regulations, carefully crafting email content that adheres to the rules is crucial. While promotional content is off-limits, there are several ways to communicate effectively with customers without breaching advertising codes.

1. Factual Product Information:
Vape companies are allowed to share factual details about their products, such as product specifications, ingredients, usage instructions, and safety information. This can include descriptions of the technology behind the e-cigarettes, the materials used, and how the product is intended to function. However, it’s important to ensure that this information is presented in a neutral, non-promotional manner.

2. Regulatory Compliance Updates:
Emails can also be used to inform customers about changes in regulations that affect their products. This might include updates on age verification processes, new safety standards, or changes in packaging requirements. By focusing on regulatory compliance, vape companies can provide valuable information without veering into promotional territory.

3. Company News and Developments:
Sharing news about the company, such as achievements, partnerships, or community involvement, is another way to maintain customer engagement without promoting products. These updates can help build brand loyalty while remaining compliant with ASA rules.

4. Educational Content:
Providing educational content related to vaping, such as articles on the science of vaping, the history of e-cigarettes, or broader discussions on public health and vaping, can be a valuable way to engage with customers. Educational content should be objective and focused on informing rather than persuading.

5. Customer Service Information:
Vape companies can use emails to enhance customer service by addressing common questions, offering troubleshooting advice, or providing guidance on product maintenance. This type of content serves a practical purpose and helps build a positive relationship with customers.

By focusing on these types of content, vape companies can continue to communicate with their audience while staying firmly within the ASA’s guidelines, thereby avoiding potential breaches and the consequences that come with them.