B.1.2 CAP’s position on non-broadcast marketing communications for e-cigarette retailers
which do not promote products
As described above, pending the outcome of this consultation the CAP Code will prohibit
marketing communications with the direct or indirect effect of promoting an unlicensed,
nicotine-containing e-cigarette.
However CAP considers that the prohibition in law does not necessarily prevent
advertisements which promote the existence of an e-cigarette retailer but do not show or
refer to actual products. Therefore CAP intends that ads for e-cigarette retailers which do
not have the effect of promoting an e-cigarette (for example by showing or referring to a
product) and do not trigger any of the criteria used to identify indirect promotion above
should, all other factors being equal, not be prohibited.