E-Cig Companies: Dodging Ad Laws With Tricks

how can e cigarette companies get around advertising laws

E-cigarette companies have been able to circumvent advertising laws in a variety of ways, including through social media, influencer marketing, TV and radio ads, and retail stores. For example, Juul, which dominates 75% of the e-cigarette market, initially relied on social media platforms such as Facebook, Instagram, and Twitter to promote its products. They also targeted young people by marketing kid-friendly candy and food-flavored products. While tobacco ads have been banned from TV and radio for about 50 years, the marketing of electronic cigarettes isn't constrained by the same laws. This loophole has been criticized by public health advocates as contributing to an epidemic of underage vaping. There are few federal restrictions on e-cigarette marketing, allowing companies to promote their products through various channels and target vulnerable demographics.

Characteristics Values
Advertising on TV and radio E-cigarette companies can advertise on TV and radio, unlike traditional tobacco companies which have been banned from doing so for 50 years
Social media marketing E-cigarette companies have used social media platforms such as Facebook, Instagram, and Twitter to promote their products, often through influencers
Targeting youth E-cigarette companies have been accused of targeting youth by marketing kid-friendly candy and food-flavored products, as well as using social media platforms that are popular with young people
Retail stores E-cigarettes are heavily promoted through retail stores, including gas stations and convenience stores
Online marketing E-cigarette companies use online marketing through YouTube, Twitter, and mobile ads to reach a wider audience
Lack of federal restrictions There are few federal restrictions on e-cigarette marketing, allowing companies to promote their products through traditional and online outlets

lawshun

E-cigarette companies target young people with candy and food-flavoured products

E-cigarette companies have been accused of targeting young people with candy and food-flavoured products. In 2019, nearly 90% of youth e-cigarette users were using flavoured products, with fruit, candy, desserts, and other sweets reported as the most popular flavours. E-cigarette companies are capitalising on gaps in regulation by offering kid-friendly flavours, such as cotton candy, strawberry granola bar, watermelon, and chocolate cannoli. Youth e-cigarette users cite flavours as a main reason they use e-cigarettes, with 43% of young people who had never used e-cigarettes before trying their first one because of appealing flavours.

E-cigarette companies have also been accused of targeting young people through social media marketing and influencer campaigns. For example, the popular e-cigarette brand JUUL spent over $1 million to market its product on social media platforms such as Twitter, Instagram, and YouTube. The brand has paid for campaigns that associate JUUL with being cool, having fun, relaxation, freedom, and sex appeal. Social media platforms enable branded or promotional content from commercial brands, peers, or influential networks to spread virally, which can increase youth exposure to pro-tobacco content and advertising.

In addition to social media marketing, e-cigarette companies have also targeted young people through retail stores, TV ads, and promotional events. For example, blu eCigs sponsored the Sasquatch! Music Festival in Washington, which featured a vapor lounge, surprise guest appearances from top performers, device charging stations, and an interactive social media photo booth. E-cigarette companies have also been known to offer college scholarships, ranging from $250 to $5,000, that involve asking students to write essays on topics like whether vaping could have potential benefits.

While e-cigarette companies claim that their products are intended for adults who want to quit smoking, public health advocates argue that these marketing tactics are hurting kids and contributing to an epidemic of underage vaping. There are few federal restrictions on e-cigarette marketing, allowing companies to promote their products through traditional outlets such as TV and radio, despite a ban on cigarette advertising on these platforms since 1971. In recent years, there has been growing concern about the impact of e-cigarette use on the health of young people, with studies showing that nicotine can harm adolescent brain development and increase the risk of future addiction to other drugs.

lawshun

E-cigarette companies use social media to promote their products

E-cigarette companies have been able to promote their products through social media platforms such as Facebook, Instagram, Twitter, and WeChat. They employ various strategies, including influencer marketing, celebrity endorsements, attractive flavours, bright colours, and emotional appeals. These tactics target young people, normalise e-cigarette use, and portray the products as "cool" and "fashionable".

In the case of Juul, the company initially relied on social media platforms to promote its sleek e-cigarette device, with ads featuring playful, partying 20-somethings. This strategy helped spread the word among young people, who further amplified the message through hashtags and influencer content. Despite subsequent efforts by Juul to limit its social media presence, the company had already established a strong presence on these platforms.

Other e-cigarette brands, such as Blu and NJOY, focus on selling a "lifestyle" through their social media content. They use keywords like "lounge," "beach," and "vapelife" to create a laid-back, partying image. These brands also emphasise device and product identification, with keywords like "vapor" and "vegas."

Social media platforms have become a prevalent space for tobacco promotion, including brand-specific pages. A US study found that tobacco brand pages rarely used age restriction tools, did not display health warnings, and used unrelated hashtags to expand their reach. Additionally, tobacco companies utilise special features on these platforms, such as Instagram stories and pop-up chat windows on Facebook, to promote their products.

While most social media platforms restrict tobacco product advertising, the enforcement of these policies remains challenging. E-cigarette companies continue to collaborate with influencers to promote their products, even on platforms with sponsored content bans, such as Instagram. These influencers act as "'brand ambassadors,' posting positive reviews and normalising e-cigarette use among their followers.

lawshun

E-cigarette companies use TV and radio advertising

E-cigarette companies have been able to use TV and radio advertising to promote their products, taking advantage of a loophole in the law that bans traditional cigarette advertising on these platforms. This loophole has allowed e-cigarette companies to reach a wider audience, including youth, and normalise and glamourise their products.

For almost 50 years, advertising cigarettes on television and radio has been prohibited. However, the law does not explicitly address electronic cigarettes, allowing e-cigarette companies to utilise these platforms for their marketing campaigns. This loophole has been recognised as a concern by public health advocates, who worry about the impact on young people.

One prominent example is Juul Labs, which launched a $10 million TV advertising campaign in 2019 called "Make the Switch". Juul's campaign also included radio and print advertisements. Prior to this, Juul relied heavily on social media platforms such as Facebook, Instagram, and Twitter to promote its products, with young people helping to spread the word and social media influencers amplifying the message.

While e-cigarette companies have taken advantage of this loophole, there have been efforts to close it. In 2019, Rep. Julia Brownley (D-CA) introduced the H.R. 4249 bill, which aimed to ban advertisements for e-cigarettes and vaping devices on television and radio. However, critics argue that this bill may not have a significant impact, as few e-cigarette companies advertise nationally on TV and radio, and the ban does not extend to other channels such as internet ads and social media sponsored posts, which are more effective in reaching youth.

Despite the ongoing debate and efforts to restrict e-cigarette advertising on TV and radio, e-cigarette companies have been able to use these platforms to promote their products, exploiting the current lack of explicit regulation.

lawshun

E-cigarette companies use retail stores to promote their products

Retail stores became carriers of tank-style e-cigarette devices, in addition to the previously sold disposable and rechargeable cigalikes. E-cigarette companies also use retailer point-of-sale ads and product placement in popular media to promote their products. This includes advertising on the exterior of stores, with one study finding that 26% of stores in central Harlem, New York City, had e-cigarette advertising on their building's exterior. These ads were often placed at children's eye level, a placement outlawed for conventional cigarettes.

E-cigarette companies have also been accused of targeting youth through their retail marketing strategies. They have marketed kid-friendly candy and food-flavoured products, resembling toys, food, or cartoon characters. In 2018, the FDA took action against several e-liquid companies that marketed their products to look like candy or other kid-friendly food items. Despite this, e-cigarette companies continue to promote their products heavily in retail stores, with more than 75% of middle and high school students reporting exposure to marketing or advertising of nicotine or tobacco products, including e-cigarettes.

lawshun

E-cigarette companies use influencers to promote their products

E-cigarette companies have been able to advertise their products on TV and radio, despite a ban on cigarette advertising on these platforms since 1971. This is because electronic cigarettes are not addressed in the law. However, companies like Juul have also relied on social media outlets such as Facebook, Instagram, and Twitter to promote their products. Social media platforms enable branded or promotional content from commercial brands, peers, or influential networks to spread virally, increasing youth exposure to pro-tobacco content and advertising.

E-cigarette companies have used social media influencers to promote their products. For example, the e-cigarette company Juul Labs, which is part-owned by the tobacco company Altria, paid social media influencers to act as 'brand ambassadors' and post positive reviews of their products. An investigation by the Bureau of Investigative Journalism in 2021 revealed that British American Tobacco (BAT) was using paid social media influencers to promote its nicotine and tobacco products on Instagram.

Research in the Czech Republic found that influencers' promotion of Philip Morris International's (PMI) IQOS product was accessible to young people and non-smokers on Instagram, where it was presented as a "gateway to an aspirational, healthy, attractive, and celebrity lifestyle." Despite Instagram's ban on sponsored e-cigarette content, companies were still found to be collaborating with influencers on the platform to promote e-cigarettes. The 55 most engaging influencers were found to have collaborated with 640 e-cigarette brands.

A study of Instagram and TikTok networks found that influencers who promote e-cigarettes and post about lifestyle topics (e.g., fitness, fashion, gaming) occupy more central positions in the networks than those who focus primarily on e-cigarette promotion. This potentially exposes users who are not interested in tobacco-related content to harmful imagery of e-cigarettes. The findings emphasize the need for strengthening influencer marketing regulation on social media platforms popular among youth.

Overall, the use of social media platforms for advertising and promoting vaping and vaping products raises concerns that youths may be attracted to products that are designed for adult use only. Evidence suggests that experimentation with e-cigarettes among young people is increasing, and social media is widely used by young people, with influencer marketing particularly influential in promoting products.

Frequently asked questions

E-cigarette companies take advantage of the fact that the law does not address electronic cigarettes.

E-cigarette companies also use social media, retail stores, and promotional events to market their products.

E-cigarette companies use kid-friendly candy and food-flavored products that resemble toys, food, or cartoon characters to appeal to youth. They also use social media influencers to promote their products.

E-cigarette advertising can increase perceptions that e-cigarettes are stylish, popular, safe, and pleasurable. Exposure to such content can normalize and glamorize e-cigarette use and has been linked to an increase in underage vaping.

State and local governments can implement regulations that control the time, place, and manner of e-cigarette advertising. The FDA can also enforce actions against deceptive or unfair advertising practices.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment