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8 9 Although Rule 22.12 of the ASA CAP code prohibits advertising in online media, social media content for e-cigarettes is permitted in ‘non-paid-for space online under the marketer’s control, provided claims are factual rather than promotional’. The TRPR requirements for e-cigarette advertising were set out in 2017 and are enforced by the Committee of Advertising Practice (CAP)-a self-regulatory body of organisations representing advertising, direct marketing, media businesses and sales promotion endorsed and administered by the independent Advertising Standards Authority (ASA). As there are currently no medicinally licensed nicotine vaping products in the UK, the prohibitions apply to all nicotine-containing e-cigarette products on the market.

7 Online advertising was also prohibited under the TPD, although the regulations left scope for marketers to retain websites containing factual information about e-cigarette products. 6 The TPD prohibited the advertising of nicotine-containing e-cigarettes (unless licensed as medicines) in channels with potential cross-border impact (ie, channels that show adverts or sponsored events that originate from non-EU countries in EU countries), including TV, radio, newspapers, magazines and sponsorship. In the UK, the advertising of e-cigarettes is regulated through Article 20(5) of the revised European Union (EU) Tobacco Products Directive (2014/40/EU) (TPD), 5 which was transposed into UK law by the Tobacco and Related Products Regulations (TRPR) 2016. 1 Many studies have found that the promotion of e-cigarettes through various channels (eg, television (TV) and social media influencers) has lent to increased positive perceptions of vaping and intentions to use vaping products and contributed to e-cigarette uptake among youth. Marketing strategies used by electronic cigarette (e-cigarette) companies have been associated with the uptick in e-cigarette use (vaping) among youth.