Several Key Opinion Leaders (KOLs) promoting Elf Bar on TikTok appear to be blurring the lines between advertisement and sharing. An investigation uncovered that the Chinese brand Elf Bar is driving the growth of electronic cigarettes among young people, as KOLs on TikTok flagrantly violate advertising regulations by promoting their products.
An investigation by The Observer has revealed that a leading e-cigarette brand is flouting regulations aimed at preventing the promotion of its products to young people in the UK. Experts have issued warnings that children as young as seven are using brightly colored and sweet-flavored e-cigarettes.
Last year, the Chinese e-cigarette giant Elf Bar experienced a significant increase in usage among children and adolescents under the age of 18, as promoted by key opinion leaders (KOLs) on social media. In some cases, they claimed to have received promotional compensation and free products.
These videos, many of which feature key opinion leaders (KOLs) vaping in front of the camera, are not restricted by age and are not always clearly labeled as advertisements. Some have garnered hundreds of thousands of views on the short video app TikTok, with half of their viewership coming from 8-11 year olds and three-quarters coming from 16-17 year olds.
These promotions appear to breach rules prohibiting e-cigarette advertisements on social media, and seem to be part of Elf Bar's efforts to attract new customers in the UK, including conducting campaigns on buses and billboards, as well as giving away products. After being alerted by The Observer, TikTok deleted two accounts promoting Elf Bar products over the weekend.
The UK electronic cigarette market is worth over £1 billion annually, but public health experts are alarmed that disposable options like the Elf Bar e-cigarette, costing only £3.99 each, are contributing to an increase in usage among young people.
Selling e-cigarettes to those under the age of 18 is illegal, but they are easily obtainable online and on the streets.
The Association of Directors of Public Health (ADPH) has called for stricter regulations this week, banning the use of brightly colored packaging for Elf Bar and reviewing flavors that may be attractive to children.
Dr. Gareth Nye, the head of the medical program at the University of Chester, has warned of potential long-term health consequences, including lung disease, from using electronic cigarettes. He stated that while e-cigarettes may provide benefits to many users, the alarming increase in non-smokers and e-cigarette users means that we must carefully consider the advertising and sale of these products.
Two years ago, Elf Bar was hardly known as an e-cigarette brand, but it has now become one of the most popular brands among young people in the UK. Owned by a Chinese technology company, the brand is known for its disposable e-cigarettes with flavors including rainbow candy, bubblegum, and cheesecake.
They do not contain tobacco, but they have pre-filled nicotine salt e-liquid, with a concentration of 20mg per milliliter - the maximum allowed by UK law.
Health experts are concerned that the growing popularity of Elf Bar's slogan, "let the elves have fun," may lead to a significant increase in electronic cigarette use among young people in the UK, similar to how Juul has encouraged the use of electronic cigarettes among children in the United States.
More than half of young people say that disposable electronic cigarettes, such as Elf Bar, are their preferred product, and it has grown sevenfold since 2020.
Juul, partially owned by Marlboro cigarette manufacturer Altria, was ordered last month by the US Food and Drug Administration (FDA) to remove all its products from the American market. The FDA Director claimed that the company's products "played an outsized role in the rise of youth e-cigarette use." The company is appealing the ban, which has been temporarily halted.
In the UK, although the number of young people using e-cigarettes is relatively low, research suggests that this figure is increasing. A survey by YouGov and the anti-smoking charity, Action on Smoking and Health (ASH), found that the proportion of children aged 11 to 17 who use e-cigarettes has risen from 4% in 2020 to 7% in 2022. The proportion of children who have tried e-cigarettes has also increased from 14% to 16%.
More than half of underage users of e-cigarettes reported that disposable e-cigarettes were their preferred product, surpassing the 7% reported in 2020. Elf Bar is the most popular brand among this group.
The UK has strict regulations regarding the promotion of e-cigarette products, aimed at preventing irresponsible marketing and advertising aimed at young people. In 2019, four e-cigarette companies were sanctioned for flouting advertising rules by promoting their products on social media.
However, promotional activities for Elf Bar products on TikTok appeared to openly disregard these rules.
Key opinion leaders (KOLs) have opened packages and claimed that Elf Bar has sent them a large quantity of products for free, or announced that they have received sponsorship from Elf Bar, which has attracted hundreds of thousands of views.
A British influencer stated in a video that she is "working for Elf Bar" and being paid by the brand to post about its products. Another headline reads "Easy Money". Yet another individual said, "Get free Elf Bars, conduct taste tests, and even receive compensation.
Her content has been viewed 5 million times, including a video of her trying a cherry-flavored disposable Elf Bar e-cigarette presented as a review, but with a small tag indicating it is an advertisement. "Oh my god! It's so pretty!" she says, opening the e-cigarette and testing it. "It's so pretty, it tastes like cherry jam ... I'm obsessed with it, I love it. I think it's better than any flavor I've tried so far.
In another video, she opened a "big box test sample" of Elf Bar products, including flavors such as cheesecake, rainbow candy, and bubble gum, announcing, "Elf Bar, I only love you." The video was tagged as a "gift," indicating that the product was sent to her by Elf Bar, but it was not explicitly labeled as an advertisement. Another British TikTok user promoting Elf Bar products in his profile stated that he was 20 years old. One video, which received over 7,000 likes, showed him holding disposable e-cigarettes in various colors up to the camera. The title read: "What's your favorite flavor, because I've never tried @Elfbarofficialuk #ad.
According to the regulations of the Advertising Standards Authority (ASA), e-cigarette advertising must responsibly avoid being seen by those under 18 years old and should not be advertised on any platform where more than 25% of the audience is under 18 years old. Additionally, in promotional advertisements for these products, individuals should not appear to be below 25 years old.
Regulatory authorities have stated that they are currently evaluating the evidence provided to them by the media. After being contacted for comment, TikTok reported that they have removed content which had been flagged for violating their rules.
A spokesperson stated, "Our guidelines clearly state that promoting the sale, trade, or provision of electronic cigarette products is not allowed regardless of age. We have investigated and removed the content flagged to us, and taken action against these accounts.
Ash, who promotes electronic cigarettes as a healthier alternative to smoking, has expressed concerns over Elf Bar's advertising.
According to Hazel Cheeseman, the deputy CEO of the charity organization, electronic cigarettes have potential benefits for public health as a tool for quitting smoking, but they do not appear to be marketed as a substitute for smoking. Instead, they seem to be promoted solely as a pleasurable experience.
After reports emerged that children as young as seven are using e-cigarettes, public health officials are calling for stricter regulations on e-cigarettes. They are also advocating for new restrictions on marketing e-cigarettes to young people.
Ruth Tennant, a member of the ADPH Board and Public Health Director for Solihull, has expressed concern about the growing use of electronic cigarettes among school students. While initially a small issue, evidence provided by school principals suggests a larger problem. Schools are now considering checking students' bags for the devices, as the number of reported incidents involving students and e-cigarettes has increased. The issue is primarily happening in high schools, but there are also reports of some primary school students using e-cigarette products. In response, the County Council wrote to school principals last month, warning them of the issue.
Steve Brown, the Public Health Director of Devon county, is concerned that the Elf Bar brand is marketing their products on their website using young female models who are vaping, which he fears may target young people. He expressed his concern over the similarities between this marketing strategy and the tobacco packaging from the 1970s and 1980s that used images to entice people to smoke. Brown worries that the same approach is now being used in the e-cigarette market.
This is a product containing nicotine, and we need to have similar controls as we do with tobacco.
Former Barnardo CEO Javed Khan has warned against the government's ambition to achieve a smoke-free England by 2030, stating that the online market for e-cigarette products resembles the "wild west." A report suggested that e-cigarettes are "at least 50% less harmful than cigarettes, possibly approaching 95%." It also revealed that school and university leaders believe e-cigarettes are too easily accessible to those under 18. The report recommends banning the use of cartoon characters on e-cigarette products, reviewing available flavors, banning companies from giving away free e-cigarette products, and making age-restricted products illegal on school and university premises. The report is awaiting a response from the government.
John Dunne, the General Secretary of the British Electronic Cigarette Industry Association, expressed concern over the recent report on electronic cigarettes in schools. As the representative of the industry's companies, he stated that they have received calls from schools who have noticed an increase in children accessing these products. This is primarily related to disposable electronic cigarettes.
According to Dunne, the association is calling for stronger regulations, which includes imposing stricter fines of up to £10,000 on rogue shopkeepers who sell to children. He stated, "If you don't want children using these products, then you must stop the supply.
In a statement, Elf Bar asserted that it is "fully aware of UK regulations" and will conduct an "internal investigation" into allegations brought up by the media. It stated that it has implemented a policy of not paying KOLs (key opinion leaders) and adheres to ASA (Advertising Standards Authority) regulations regarding e-cigarette advertisements, having obtained approval before running campaigns on buses and billboards.
A spokesperson from Elf Bar stated, "We are fully committed to addressing the issue of electronic cigarette products falling into the hands of minors. This includes cracking down on unofficial Elf Bar promotional activities that take place on social media and through rogue retailers. All Elf Bar packaging indicates that our product is not available to anyone under the age of 18.
The Department of Health and Social Care stated that they have established some of the most stringent regulations regarding e-cigarettes to safeguard young people. They plan to continue working closely with the Medicines and Healthcare products Regulatory Agency, trade standards, and other regulatory enforcement agencies to ensure that products sold in the United Kingdom comply with these regulations.
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