Learn about the ASA’s ruling against Apollo Vapes UK’s affiliate program advertisement and its implications for e-cigarette advertising regulations.
On June 26, 2024, the Advertising Standards Authority (ASA) in the UK ruled against an “Affiliate Program” advertisement by Apollo Vapes UK, finding it in breach of multiple CAP Code regulations. The ad, which encouraged users to promote Apollo products through unique URLs and banner ads, was found to indirectly promote unlicensed nicotine-containing e-cigarettes, violating UK advertising laws. This ruling highlights the strict regulatory environment surrounding e-cigarette advertising in the UK and the importance of compliance with the CAP Code and the 2016 Tobacco and Related Products Regulations (TRPR).
Background of the Case
Affiliate Program Advertisement
On January 17, 2024, Apollo Vapes UK posted an ad on their website, www.apolloecigs.co.uk, promoting their “Affiliate Program.” The ad targeted individuals with websites or other online marketing channels, inviting them to generate sales by promoting Apollo products. It highlighted the benefits of the program, such as offering unique URLs, banner ads, and text links for affiliates to use.
ASA’s Inquiry
The ASA questioned the compliance of this ad with the CAP Code, specifically regarding the promotion of unlicensed nicotine-containing e-liquids and their components, which are prohibited from being advertised in online media.
Apollo Vapes UK’s Response
Apollo Vapes UK responded to the ASA’s inquiry by stating that they had removed the affiliate page from their website. They explained that their affiliate program collaborated with adult e-cigarette user review sites, which review and rank products. Apollo Vapes UK argued that this practice did not violate UK regulations. However, they expressed their willingness to cease working with these sites if found to be non-compliant with the law.
ASA’s Assessment
Breach of CAP Code
After evaluating the case, the ASA concluded that the ad indirectly promoted unlicensed nicotine-containing e-cigarettes and their components, thereby breaching CAP Code rule 22.12. This rule is aligned with the 2016 TRPR, which prohibits the advertising of unlicensed nicotine-containing e-cigarettes in certain media.
Indirect Promotion and Legal Violation
The ASA noted that while the ad did not directly promote specific e-cigarettes or vaporizer products, its indirect promotional nature still violated the regulations. By encouraging potential affiliates to promote e-cigarette products on social media, the ad incited them to break the law and the legislative ban under the TRPR.
Social Responsibility and Legality
The ASA found that the ad breached CAP Code (Edition 12) rules 1.3 (social responsibility), 1.10 (legality), and 22.12 (e-cigarettes). These rules emphasize the need for advertisers to act responsibly, ensure legality, and avoid promoting unlicensed e-cigarette products.
ASA’s Decision
Ad Prohibition
The ASA ruled that the ad must not appear in its investigated form again. They informed Apollo Vapes UK that future marketing communications must ensure they do not directly or indirectly promote unlicensed nicotine-containing e-cigarettes and their components, and must not incite people to break the law.
Implications for Apollo Vapes UK
Apollo Vapes UK must revise their marketing strategies to comply with the CAP Code and TRPR. This includes avoiding any indirect promotion of unlicensed nicotine-containing products and ensuring that all affiliate programs are conducted within legal boundaries.
FAQs
What was the main issue with Apollo Vapes UK’s affiliate program ad?
The ad indirectly promoted unlicensed nicotine-containing e-cigarettes and their components, violating CAP Code regulations and the 2016 TRPR.
What actions did Apollo Vapes UK take in response to the ASA’s inquiry?
Apollo Vapes UK removed the affiliate page from their website and expressed willingness to cease working with certain review sites if found non-compliant.
Which CAP Code rules did the ad breach?
The ad breached CAP Code (Edition 12) rules 1.3 (social responsibility), 1.10 (legality), and 22.12 (e-cigarettes).
What does the ASA’s ruling mean for future ads by Apollo Vapes UK
Future ads must not directly or indirectly promote unlicensed nicotine-containing e-cigarettes and must comply with all legal and regulatory standards.
