Vaping ads removed for appealing to children

Since it is illegal to sell an e-cigarette or e-cigarette accessory to anyone under 18 years, vaping advertising that appeals directly to minors breaches section 2.6 of the AANA Code of Ethics whereby: ‘advertising shall not depict material contrary to prevailing community standards on health and safety’.

Examples of the Instagram posts made between January 6th and 9th March 2023, via Ad Standards. The captions with this imagery included: "Whose ready for the Wkend??!! Best Banana Milk right here!!!" and "Let's talk flavoursome profiles [heart eyes emoji] Big Drip Bubblegum Candy [drooling emoji] A mouthwatering combination of Candy with sweet Bubblegum and a hint of spearmint makes this flavour a tasty treat!". Each post included an address and online ordering information.

The complaint against Vape Generation's Instagram was submitted by Northern Sydney Local Health District (NSLHD) because it has an active interest in preventing vaping among young people.

"With reference to the Instagram post, we submit:

• "The images alone do not provide enough information to demonstrate that the product advertised is an ecigarette/vape which may confuse/mislead minors.
• "Advertising uses images such as fruits, candy, cakes and sugary drinks which appeal specifically to young people.
• "Product advertisement uses colourful designs and fonts commonly used for other products targeted to young audiences.
• "Language used in all product description posts does not sufficiently outline the purpose of the products being advertised.

"Overall, we submit that if children or minors were exposed to the Vape Generation Instagram account and the 11 posts in question, it would be likely to contribute to the illegal sale and unsafe consumption of an e-cigarette product, due to the combination of the language, captions, images and colours."

Vape Generation disagreed with the complaint, saying it has an appropriate age gateways in place to ensure minors cannot access content.

"Under our company description on the Instagram account – it clearly states '18+ only'. We [also] do not sell any products with nicotine, as this would be illegal.

"Each image in this complaint relates to a 0mg bottle of E- Liquid. Each image shows 0mg (i.e. no nicotine is contained in this product). Adults that vape these products know exactly what they are looking at. How would any of this confuse/mislead minors when they do not have access to the content??"

However, the Panel considered that the posts imagery would be appealing to adults, but equally would attract the attention of children and teenagers with the use of colours and images of foods in particular ice-cream cake, bubblegum and strawberry milk.

As a result, the Panel found the advertisement to contain material contrary to Prevailing Community Standards on health and safety and determined that it did breach Section 2.6 of the Code.

While Vape Generation strongly disagreed with the determination, the company removed the posts and said: "It seems to me that no matter how I respond, we will just be met with the same one sided views, which of course we disagree with and outlined fully in our initial response. Our social pages are for 18+ only, and have the appropriate age gateways in place."