Who: The Advertising Standards Authority (ASA); Golden Vape UK Ltd t/a Golden Vape; UK Electronic Cigarette Ltd t/a UKVAPINGSTORE
Where: United Kingdom
When: 14 May 2025
Law stated as at: 29 May 2025
What happened:
The ASA recently undertook an investigation into the promotion of nicotine-containing e-cigarettes in paid-for online ads. This resulted in two rulings concerning the provision of paid-for online ads by third-party aggregators.
On 22 November 2024, two paid-for online ads containing the image of vape products, each provided by a third party aggregator, were spotted.
Both ads prominently featured images of vape products, overlayed with text promoting the purchase of such products. The adverts clicked through to pages where nicotine-containing replacement pods for e-cigarettes could be purchased.
The ASA challenged whether each of the ads breached the UK Code of Non-broadcast Advertising and Direct and Promotional Marketing (CAP Code) by promoting unlicensed, nicotine-containing e-cigarettes and their components through a sponsored link.
Golden Vape and UKVAPINGSTORE were the marketers of the vape products and had originally listed their products for sale on an online marketplace. However, the ads that were seen on 22 November 2024 were run through third-party aggregators Shoparade.uk and Falcongalaxy.com with whom the marketers had no relationship.
During the ASA investigation, the ASA understood that the online marketplace’s user agreement required marketers to provide consent for third-parties, such as Shoparade.uk and Falcongalaxy.com, to access marketer listings for the purpose of advertising such listings. This enabled the third-parties to run ads for the marketers’ vape products on their sites. The user agreement did not allow for negotiation and marketers were not notified when their goods were promoted by one of such third-parties.
As part of its investigations, the ASA approached the marketers and the third-party aggregators. Golden Vape maintained that it was not aware of, nor had it authorised, the ad. On becoming aware of the ad on Shoparade.uk, it reached out to the third-party to request its removal. In the case of UKVAPINGSTORE, the aggregator website that provided the ad, Falcon Galaxy, said that it had removed the ad from its current and future advertising campaigns.
The ASA did not receive any response from UKVAPINGSTORE and Shoparade.uk.
The ASA found that UKVAPINGSTORE and Shoparade.uk’s lack of response breached Rule 1.2 of the CAP Code (Edition 12) and the ASA took the opportunity to remind UKVAPINGSTORE and Shoparade.uk of their responsibility to provide a response to ASA queries.
The ASA acknowledged that Golden Vape and UKVAPINGSTORE had not authorised nor provided any input on the ads, and welcomed the steps taken by Golden Vape to request the removal of the ad relating to their vape product. However, the ASA ruled that Golden Vape and UKVAPINGSTORE were responsible as marketers for ensuring that ads for their products complied with the Code.
Given that the ads had the effect of promoting e-cigarettes that were not licensed as medicines in non-permitted media, the ASA concluded that the ads had breached rule 22.12 of the Code.
The ASA also warned the marketers and the third party aggregator websites that any marketing communications with the direct or indirect effect of promoting nicotine-containing e-cigarettes and their components that were not licensed medicines should not appear in paid-for online ads or in other non-permitted media and referred each business to the CAP’s compliance team.
Why this matters:
This ASA ruling serves as a reminder to businesses using e-commerce platforms that they are ultimately responsible for adverts which contain their products, even where the adverts are posted by third-parties without their knowledge or authorisation. For businesses selling regulated products, such as alcohol and e-cigarettes, there is a high burden placed on them to ensure that all adverts are compliant with the Code.
Trailer: The ASA held marketers accountable for unauthorised e-cigarette adverts placed by third-party aggregators, stressing businesses’ responsibility for third-party advertising compliance and prompt ASA responses. Aisling Farley and Shivali Sharma report.
