On May 10th, two influencers promoting e-cigarettes on TikTok had their posts banned for violating regulations which prohibit e-cigarette advertising on social media. The first post was from the account @Panaxhe_, showing a young man selecting a blueberry-flavored Elf Bar from a colorful fridge full of e-cigarette devices for breakfast, and then choosing a kiwi passion fruit-flavored e-cigarette for lunch upon returning.
A second post shows former "Gogglebox" star George Baggs, who posted an advertisement at the age of 19 holding a disposable e-cigarette called HQD Wave. The on-screen text reads, "Matching my outfit with my new HQD e-cigarette." As the video progresses, Mr. Baggs smokes while changing clothes and the text reads, "I'm often asked to make videos like this, so here's a look at #HQDVIP #uk #trending." The UK Advertising Standards Authority (ASA) investigated whether these posts violated advertising rules on TikTok regarding the promotion of nicotine-containing e-cigarettes without permission, and whether they involved Mr. Baggs, who was under the age of 25.
In the UK, there are strict regulations on promoting e-cigarette products aimed at preventing irresponsible marketing and youth-targeted advertising.
However, promotions of products such as Elf Bar and HQD on TikTok seem to openly violate these regulations, despite TikTok's age rating of 13 and above, which is widely used by even younger children.
The parent company of Elf Bar, Green Fun Alliance, has stated that they have contacted content creators and TikTok, requesting the removal of a post. Elf Bar has stated that they will improve their internal auditing and monitoring mechanisms to ensure that all online content complies with regulatory requirements. As a result of this complaint, they have suspended content distribution and marketing on TikTok in the UK market.
HQD Tech has stated that they do not believe that Mr. Bags was encouraging his audience to try their product. They have stated that they have removed all content posted by Mr. Bags until the ASA investigation is concluded and have taken additional measures to ensure that young audiences are not targeted.
Off Limits Entertainment, which represents Mr. Baggs, has reportedly reached out to HQD Tech to ensure that he will not promote any e-cigarette campaigns on social media platforms in the future.
TikTok has confirmed that posts by Elf Bar and HQD Tech have been removed from its platform for violating brand content policies and service terms, respectively. The Elf Bar post was deemed in violation of TikTok's community guidelines, while the HQD Tech post was found to be advertising tobacco products, including e-cigarettes. Both posts may have surfaced on users' "For You" pages, but are no longer accessible to those who do not follow either @George_Barras or @Panaxhe_ accounts.
The Advertising Standards Authority (ASA) has ruled that the HQD Tech advertisement violates guidelines despite it being featured on TikTok as it features a person using an electronic cigarette who appears to be under the age of 25. The individual in question is reality TV personality George Baggs, known for his appearance on the show "Gogglebox," who was shown smoking an e-cigarette in the ad and was 19 years old at the time of its release. Therefore, the ASA has concluded that the advertisement breaches regulations.
The Advertising Standards Authority (ASA) has ruled that Elf Bar's advertisement must not be shown again and added that "we told Green Fun Alliance that marketing information directly or indirectly promoting nicotine e-cigarettes and their components cannot be posted on public TikTok accounts unless these products have pharmaceutical licenses.
Reference material:
A watchdog has prohibited vape advertisements for Elf Bar and HQD Tech on TikTok.
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