December 6th, 2014

Anti-complaint about e-cigarette advertising

Holding back the vaping insurgency

I’ve recently been stressing the unintended consequences of regulatory interventions on vapour products… and that these are almost always ignored by public health activists, to the detriment of public health.  This applies to overly cautious restrictions on advertising. The idea is that too much restriction will reduce the appeal and vaping buzz, degrade the communication of the vaping ‘value proposition’ to smokers, inhibit communication of innovation and limit brand building.  In other words, it will weaken this important insurgent technology relative to cigarettes, protect the incumbent and lead to fewer switching, more smoking and more disease.  My contention is that the unintended consequences will outweigh the intended consequences of most advertising restriction by some distance.

I hear there have been over 130 complaints about ads for VIP e-cigs released on 10 November to coincide with lifting of the ban on actually showing vaping and vapour products on TV. So I decide to write to the Advertising Standards Authority with an ‘anti-complaint’ setting out the public health case for the allowing these ads (note: without any involvement of VIP).

Update: The ASA adjudication rejected all but one of the four complaints. I am encouraged by this. ASA did bizarrely think this glamorised smoking. I fail to see that, but I think it signals to vendors not to show vapour and vaping, even though it is now permitted.

Here is the letter I sent…

To: Advertising Standards Authority
From: Clive Bates
Re: VIP E-cigarette TV advertising 10 November onwards

6 December 2014

This is an ‘anti-complaint’.  I am writing in support of the advertiser and as a counterpoint to the complaint made by the BMA and others, who have mounted a misguided campaign against these products. I write from the perspective of someone who sees great public health potential in these products.

The basis of this alternative perspective is the following:

  1. E-cigarettes are an important and disruptive public health innovation that works by aligning consumer preferences for the legal recreational drug nicotine with products that are likely to have risks two orders of magnitude (>95%) less than the dominant mode of nicotine consumption, smoking cigarettes.
  2. To the extent that these products are taken up by smokers there are very large health and welfare gains to be realised. The advertising of these products plays an important role in promoting this switching and communicating brand values and innovation – or creating ‘buzz’ in the target market.
  3. There is a small chance that non-smokers will take up these products, but it only amounts to a material risk to health if they go on to smoke and only if they would not have otherwise smoked. Levels of uptake among non-smokers remain very low indeed. Even where non-smokers do take up the product it is more likely to be as an alternative to smoking.
  4. The ads are not ‘socially irresponsible’, especially when looked at in the context above. Powerful advertising strengthens the appeal to smokers. Regulators should be aware of the strongly negative unintended consequence of bowdlerising this type of advertising, leaving only bland messaging. It is the essential function of advertising to create buzz and appeal (or to ‘glamourise’, to use the pejorative term).  The danger is of protecting cigarettes from a disruptive emergent competitor by denying the advertisers the use of effective creative treatments.
  5. The level of sexualisation in the ads is low by modern standards of morality. These products should not be judged against the standards of prudishness demanded by the complainants but by modern norms: these ads not at all unusual or offensive by today’s post-watershed standards.
  6. These ads do not in any way promote smoking.  There was a deliberate decision to allow depiction of vapour and vaping by the CAP, and this was correct in my view. This ad for vaping and a vapour product, straightforwardly promotes vaping and a vapour product.  Realistically it is an anti-smoking advert because it is promoting an alternative value proposition to smoking that should resonate with smokers. None of those complaining publicly has so far explained how an ad for vaping will lead to smoking rather than doing what it intends, which is to promote the much safer alternative.
  7. There is nothing in this ad that is targeted at under-18s. The woman depicted is clearly over 25 and I would suggest that this is aimed fairly at the target market, which I would suggest is people in their 30s just beginning to seek out alternatives to smoking as their concern about health, wellbeing and social stigma has started to nag them to change.  None of those complaining publicly have so far explained why any advertiser would intentionally target groups where use and switching from smoking is so low, when there are millions of continuing adult smokers who form a large, untapped and far more promising market.
  8. In making its adjudication, I hope the ASA will recognise the importance of advertising in driving this producer and consumer-led insurgency against cigarettes and smoking-related disease.  Advertising creatives should be given plenty of latitude to support a remarkable emerging public health phenomenon, and not be held back by tactical behaviour of campaigners or by the indignation of moralising prudes.

Yours sincerely…

PS. I should say that, while I think there is nothing objectionable about the ads, I thought the PR went with the launch was pretty irresponsible and caused a lot of unnecessary damaging commentary. There is a type of PR hack that sees all controversy as good publicity – but that’s how to win a skirmish and lose a war.

9 comments to Anti-complaint about e-cigarette advertising

  • Guy

    Different standards expected re. advertising different
    products with a negative correlation
    between risk level & expected standards e.g. Alcohol which
    can cause cancer, liver cirrhosis, dementia, accidents, severe addiction,
    Kills thousands of children & adults
    each year – sexy ads with much
    less complaints – it’s pathetic – EC
    don’t even adversely effect behaviour.
    The whole thing is utterly daft & obviously
    not effectively analysed by people.

  • Adam Williams

    Some perfume and aftershave add’s are promoted sexually (Before the watershed) ban them too?

  • Louise Ross

    Well said Clive (again). I’ve made just that point locally (but not as eloquently!)

  • Dragonmum

    The adverising is hardly at saturation point either – I’m still waiting to see one!

  • neptune

    E cig manufacturers and distributors are forbidden to use the main selling point about their product, the fact that vaping is safer than smoking. Now people are complaining that they are using sex to sell. WWhat exactly are they supposed to put in adverts. There is nothing left.

    • Richard

      This is more down to the issues of making claims without proof: Even as a vaper, I accept that the long-term effects of vaping are currently unknown (if only because there’s no data to work from because it’s a relatively recent innovation!) – making claims that vaping is healthier without these long-term effects being known is dangerous territory, and ripe for lawsuits later on.

      Additionally, making claims that they’re smoking cessation devices is also dangerous, since this starts shifting e-cigs into the medical realm: Once something is considered a medical device, a whole barrage of regulations and licensing start coming into play, which only lead to increased production costs, stifles innovation (since each product/liquid would then require auditing to be sold as a medical device), and a more expensive experience overall for vapers.

      So yeah, two of the main claims of e-cigs (healthier, and gets you off the cigs) is fraught with danger for such a young industry: I can see why they’re being careful with advert content and claims.

      • Guy Eaton

        Richard

        you do have some valid points but there is a confusion here between absolute risk and relative risk. Maybe long term there are some risk e.g. asthma. However, EC are without any doubt significantly better for you than smoking and any long term risks are unlikely to be fatal. Cigarettes kill over 1 in 2 of its users, this number of deaths would be an impossibility for EC . Also, the Vype e- pen uses Ecopure liquid which is made to a medicinal standard / purity. If there is a dodgy chemical in EC it is easy to extract it and produce a liquid with little or no harmful chemicals. For cigarettes this is impossible as the act of combustion automatically creates thousands of harmful chemicals.

        Further if a product is not licensed by the MHRA ‘as a smoking cessation aid’ it means very little. It simply means that that a company has not put in and application and had to part with million of pounds. In fact many studies now show they are effective. Further a person is hardly likely to vap and smoke simultaneously? Let’s be honest we all know that people vap in an attempt to stop using tobacco so why pretend this is not the case? Indeed up to a million people in the UK have now quit completely using EC. What on earth would be the point in vaping otherwise? The longest term vapour recorded has been vaping for 12 years and is fine. I have been vaping for six years and am much more healthy than I used to be. In fact I have had a son recently as a result. People are not cretins it is a significantly healthier alternative to smoking and if it works that good – the more people that try it the better, at they cannot smoke at the same time as vaping.

        Don’t forget some of the ‘long term effects’ attributed to EC may simply be down to long term previous smoking. The reality is when we ween out all the BS these ads can only do public health good where in a world where people do actually smoke cigarettes. I could understand all this fuss in a non smoking world: context and relative risk are key.

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