All Ads to be Taken Down! UK Advertising Regulator Notifies E-cigarette TikTok Advertisers of Impending Enforcement"
The Advertising Standards Authority (ASA) of the UK issued an "Enforcement Notice" on June 29 on its official website titled "CAP's Enforcement Notice on E-cigarette Advertising to the Industry." The notice instructs e-cigarette companies to comply with advertising rules and remove any e-cigarette advertisements that appear on social media platforms.
The UK Advertising Standards Authority (ASA) has identified certain brands that are promoting content related to e-cigarette products and their components on TikTok, either through direct advertising or by encouraging third-party promotion. Notices have been issued to these brands, indicating that they must comply with advertising regulations and remove any e-cigarette advertisements that appear on social media platforms. If issues persist during subsequent monitoring, targeted enforcement actions will be taken by relevant authorities.
According to the advertisement guidelines, strict restrictions have been imposed on e-cigarettes and e-cigarette advertising since legislation was enacted. E-cigarettes containing nicotine, without pharmaceutical licensing, are prohibited from being advertised on television, radio, newspapers, magazines, and most online platforms, including social media. Advertisers are responsible for their advertisements, including ensuring that they do not target or attract individuals under the age of 18.
The rationale behind issuing the enforcement notice is explained in the news, stating that concerns have been raised about e-cigarette advertisements appearing on social media platforms, as it may lead to underage e-cigarette use. Such advertisements should not be present on social media, and they may intentionally or unintentionally target individuals below the age of 18. Regulatory authorities prohibit non-compliant advertisements and ensure their prompt removal. CEO Guy Parker also discussed collaboration with online platforms, other regulatory bodies, and law enforcement agencies to ensure that minors are not exposed to e-cigarette advertisements on TikTok and other social media platforms.
The content of the notice indicates that the UK Advertising Standards Authority has explicitly communicated the existing regulations to advertisers/brands, emphasizing that they must immediately cease using TikTok as a platform for e-cigarette advertising. The UK Advertising Standards Authority has categorized this issue as high priority and is considering what further actions to take subsequently. It is worth noting that the enforcement is not targeting all forms of e-cigarette advertising. The UK Advertising Standards Authority states that their responsibility is to ensure responsible e-cigarette advertising only appears in places where legal advertising can reach a legal adult audience.
Information shows that the Committee of Advertising Practice (CAP) is responsible for setting advertising rules, while the Advertising Standards Authority (ASA) is responsible for enforcement in the UK. According to GetConsumer, this is not the first time that UK advertising regulatory agencies have focused on e-cigarette advertising on TikTok. On May 9th this year, after an investigation, the Advertising Standards Authority (ASA) ruled that advertisements from multiple brands were in violation and explicitly stated that such content should not reappear. This marks the first time that UK advertising regulatory agencies have focused on regulating short video marketing after a surge in recent years.
It is important to note that the ASA's qualification of the advertisements at that time stated that on the one hand, the direct or indirect promotion of e-cigarettes containing nicotine and their components should not be disseminated by public-facing accounts. On the other hand, any individuals under the age of 25 should not be portrayed in videos related to such content.
At the time, it was concluded that the direction of UK regulatory agencies had not changed. On the one hand, the ruling in May was based on an investigation that began the previous year. On the other hand, the Daily Mail reported that the Advertising Standards Authority did not find evidence of e-cigarette advertising specifically targeting minors - this statement was evidently made after the investigation.
With the current enforcement notice, there is a repeated emphasis on advertisers' responsibility, including not targeting or attracting individuals under the age of 18. This may indicate a stricter stance by the relevant authorities towards such content. The following is the original text of the enforcement notice:
