Compliance with CAP codes 22.2–22.11 across the top 10 EC brand websites in England
| CAP code | Frequency of websites that violated codes | Example |
| 22.5 Marketing communications must not contain medicinal claims unless the product is authorised for those purposes by the MHRA. E-cigarettes may be presented as an alternative to tobacco but marketers must do nothing to undermine the message that quitting tobacco use is the best option for health.* | 8 | ‘These devices will help you quit smoking.’ |
| 22.8 Marketing communications must not encourage non-smokers or non-nicotine-users to use e-cigarettes. | 7 | ‘As a popular brand, we’ve got a range of [brand] starter kits for beginners and experienced vapers’ |
| 22.9 Marketing communications must not be likely to appeal particularly to people under 18, especially by reflecting or being associated with youth culture. They should not feature or portray real or fictitious characters who are likely to appeal particularly to people under 18. People shown using e-cigarettes or playing a significant role should not be shown behaving in an adolescent or juvenile manner. | 6 | ‘The six macaron colored [product] series comes with extremely youthful coolness’ |
| 22.10 People shown using e-cigarettes or playing a significant role must neither be, nor seem to be, under 25. People under 25 may be shown in an incidental role but must be obviously not using e-cigarettes. | 6 | Photos of young adults holding ECs, wearing on-trend colourful clothes and makeup. |
| 22.11 Marketing communications must not be directed at people under 18 through the selection of media or the context in which they appear. No medium should be used to advertise e-cigarettes if more than 25% of its audience is under 18 years of age. | 5 | Use of ‘memes’, links to social media platforms like Instagram, blog articles about ECs and unrelated topics (eg, music). |
| 22.6 Marketers must not use health professionals to endorse electronic cigarettes. | 4 | Quotes from an addiction researcher and a professor of medicine to support the claim that ECs are less harmful than tobacco. |
| 22.3 Marketing communications must contain nothing which promotes the use of a tobacco product or shows the use of a tobacco product in a positive light. This rule is not intended to prevent cigarette-like products being shown. | 1 | ‘Cigarette-like satisfaction’ |
| 22.7 Marketing communications must state clearly if the product contains nicotine. They may include factual information about other product ingredients. | 1 | No mention of nicotine content. |
| 22.4 Marketing communications must make clear that the product is an e-cigarette and not a tobacco product. | 0 | None identified. |
| 22.2 Marketing communications must contain nothing which promotes any design, imagery or logo style that might reasonably be associated in the audience’s mind with a tobacco brand. | 0 | None identified. |
*Smoking cessation claims are also considered to be medicinal claims.28
ECs, electronic cigarettes; MHRA, Medicines and Healthcare products Regulatory Agency.