For these reasons CAP cannot provide definitive lists of acceptable and unacceptable
claims. However CAP proposes to set out in a guidance note accompanying the new rules
the types of claim that it considers in principle are likely to be permitted and those which are
likely to be prohibited. While CAP intends to ask the ASA Council to have regard to that
guidance once it is completed, CAP cannot bind the ASA’s decision and it will be for the
ASA to decide on a case by case basis when a claim about a nicotine containing e-cigarette
on a website is factual (and therefore acceptable) and when it is promotional (and therefore
prohibited).