New Rules for Advertising E-cigarettes Aim to Protect Minors

The electronic cigarette industry has established new regulations to regulate advertising and reduce the appeal of these products to minors, ahead of the European Union's revision of the European Tobacco Framework.

In the European plan to combat cancer, the committee announced revisions to the Tobacco Products Directive of 2014, which includes provisions to restrict advertising and promotion of electronic cigarettes and refill containers.

However, in a Europe-wide survey published in February 2021, approximately four out of ten (39%) respondents reported having seen advertisements or promotional activities for e-cigarettes, e-liquids, or replaceable pods.

In particular, individuals aged 15 to 17 are more likely to encounter online promotions in social networks or blogs (60% compared to 33% of those aged 18-24), but are less likely to mention sales points (19% compared to 40%).

During a recent interview with EURACTIV, Italian parliamentarian Alessandra Moretti stated that it has been "amply proven" that next-generation tobacco products can become a gateway for new smokers and that the US Food and Drug Administration has officially declared the rapid spread of these devices among young and very young people as an "epidemic".

Unfortunately, they are the means by which the new generation is falling into nicotine addiction, as traditional cigarettes are no longer attractive to young people," she added. This worrying appeal to young people and non-smokers requires an update to legislation in Europe and Italy, she noted.

The committee emphasized in its report on directive application that enforcing advertising restrictions "remains challenging, particularly in the realm of information society services and social media, where young people are especially susceptible to influence/targeting".

One of the top priorities in the latest responsible marketing guidelines for electronic cigarettes released in October by the Independent European Vape Alliance (IEVA), an industry association, is to protect minors from the harm caused by vaping. The guidelines were developed by IEVA and other national associations.

The main goal of this code of conduct is to protect minors," explained Dustin Dahlmann, president of IEVA, during a webinar introducing the code.

In other words, advertisements must never target minors. "Electronic cigarette marketing is specifically aimed at adult smokers and should not be used by children or adolescents," Dahlmann emphasized.

Protecting the youth.

During a virtual seminar, participants were warned that while the current number of underage individuals who use e-cigarettes is relatively low, recent international research indicates that the rate of e-cigarette usage among young people has been increasing in recent months.

Dahlmann stressed the tendency to "discuss" electronic cigarettes in the media without being aware of the fact that many young people are smoking, which is a "problematic" issue.

Therefore, the industry's responsibility is to establish trustworthy and reliable signals to protect young people," he added.

Similarly, another new principle introduced in the regulations prohibits manufacturers from designing products in a way that targets minors, which includes avoiding the use of cartoons or any visual representations that could potentially appeal to minors.

It is not a "health product".

The committee is currently evaluating other tobacco control policies within the entire EU, including the 2003 Tobacco Advertising Directive.

In Europe, each country has the freedom to apply its own legislation regarding this issue. However, the authors of marketing guidelines hope that it will become a model for governments to better regulate advertising related to electronic cigarettes.

Another key point of the regulation is to emphasize that while electronic cigarettes are less harmful than traditional cigarettes, they are not completely harmless or safe.

It is important to note that electronic cigarettes are not healthy products," reiterated Darman.

For this reason, signatories of the code of conduct pledge to avoid any electronic cigarette advertising that includes representations of health professions or messages that suggest the products have medical benefits.

China is also very concerned.

Representatives from the Chinese electronic commerce industry, including the E-commerce Chamber of Commerce (ECCC), attended an online seminar on the importance of protecting young people from being tempted to start using e-cigarettes. This issue is not only a concern for Europeans, but also for the Chinese.

New legislation regarding e-cigarette advertising in China went into effect in early October. However, a representative for the ECCC stated that they also hope to better protect minors.

Our focus will be on compliance and protecting the health of minors," they said before thanking IEVA "for discussing EU directives" and "teaching us how to comply.

The China E-Commerce Association has expressed a desire to abide by rules set by other countries. "As we conduct business around the world, we need to abide by and comply with the regulations of each country," its representative explained during an online seminar.

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