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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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This question is relating to UK law and specifically England.

Resolved Question:

This question is relating to UK law and specifically England. In May 2016, new regulations will be in force in the EU regarding electronic cigarettes and the refill liquids, that will limit many things including advertising rules. I was wondering what the current rules are at present regarding print advertising for e-cigarettes and what claims can and cannot be made regarding them when advertising.
Submitted: 1 year ago.
Category: Law
Expert:  Nicola-mod replied 1 year ago.
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Customer: replied 1 year ago.

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Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
These are the current rules from the Committee of Advertising Practice:
In summary, the rules state:
Ads must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture
People shown using e-cigarettes or playing a significant role must neither be, nor seem to be, under 25
Ads must not be directed at people under 18 through the selection of media or the context in which they appear
Ads must not encourage non-smokers or non-nicotine users to use e-cigarettes
Ads must make clear that the product is an e-cigarette and not a tobacco product
Ads on TV and radio will be subject to scheduling restrictions to reduce the chance of e-cigarette advertisements being seen or heard by children. Furthermore, unless manufacturers obtain an authorisation for their product from the Medicines and Healthcare products Regulatory Agency, ads for e-cigarettes cannot convey health benefits or claim that they are ‘safer’ or ‘healthier’ than smoking tobacco.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Thank you for your reply Alex.

In regards ***** ***** last sentence, "cannot convey health benefits or claim that they are safer than smoking tobacco", is it possible to use research data as a separate marketing dataset?

For example if I handed you a leaflet on monday outlining the benefits as researched/claimed by public health England with no sales or mention of sales, (https://www.gov.uk/government/news/e-cigarettes-around-95-less-harmful-than-tobacco-estimates-landmark-review), and then on tuesday I handed you a leaflet about an e-cigarette product for sale, would this still be considered conveying a health benifit or would this count as two standalone situations and be allowed under the current guidelines?

Expert:  Ash replied 1 year ago.
If you are showing government data that is fine.
But you can't say they are good for you!
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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