A.2.1 Products for which advertisements are prohibited
Regulation 2(1) provides the following definition of products to which it applies:
“electronic cigarette” means a product that—
(a) can be used for the consumption of nicotine-containing vapour via a mouth piece, or any
component of that product, including a cartridge, a tank and the device without cartridge or
tank (regardless of whether the product is disposable or refillable by means of a refill
container and a tank, or rechargeable with single use cartridges); and
(b) is not a medicinal product or medical device;
On the basis of this definition CAP proposes to restrict advertisements for e-cigarettes
which contain nicotine and their components which are not authorised as medicines or
medical devices. Additionally because the law restricts ads for any product which “can” be
used to consume nicotine vapour (see Part 2(a) above), CAP considers this prohibition will
apply to advertisements for non-nicotine and refillable products if they can be refilled with a
nicotine e-liquid.