A.1.2 CAP’s policy objectives in reflecting the Regulations in its Code
Through this consultation CAP seeks to reflect the legal prohibitions contained in the
Regulations in clear language, but not to exceed those prohibitions. Code rules and
guidance that result from this process will therefore always need to be read in light of the
law.
The Regulations paint a complex regulatory picture. They apply only to advertisements for
certain products and only in particular media channels. The letter of the law itself does not
naturally and comprehensively describe every type of advertising channel, or permutation of
channels, in which an e-cigarette advertisement should be prohibited.
When finalising the legislation the Department of Health set out in its own guidance what
they considered would be the effect of the advertising restrictions. CAP has had regard to
that document in coming to its own view on the effect of the law.
While CAP has made every effort to provide comprehensive proposals it must also be
satisfied that there is sufficient clarity behind any prohibitions or limitations which it places in
its Code or guidance. CAP may choose not to approximate prohibitions in its Code if as a
Changes to the regulation of e-cigarette advertising 7
result of this consultation or otherwise it comes to the view that the legal position is not
sufficiently clear in some areas or that it is, for example, too complex for the ASA to
reasonably be expected to administer it. In any case the ASA always reserves the right to
refer complainants to the relevant statutory regulator where