Vapouround magazine Issue 03 | Page 74

F E AT U R E S ome of the aspects of this are clear – no paid for or sponsored adverts may be broadcast on radio or TV, or the equivalent internet versions thereof. The Department of Health have put out a copy of the proposed text of the legislation for comments, and it is accompanied by some explanatory notes. These give some perspective to the items listed above, in particular a distinction between providing information and promotion. This allows, in the words of this document: “This would mean that where information is provided that gives detail about a product, or how to operate that product, but is not ‘promotional’ in nature, the restrictions would not apply.” On this basis, a website could list products for sale, and provide factual information about them, but could not have promotions such as ‘buy one get one free’. Similarly, the Department of Health states: “The press and other printed publications have been interpreted 72 ISSUE 03 VAPOUROUND MAGAZINE narrowly in line with case law as limited to publications such as ‘newspapers, magazines periodicals’, not leaflets and posters.” The upshot of this is that point of sale materials such as posters and leaflets would be permitted, while publi cations, such as this one will be prohibited (except where “intended exclusively for professionals in the trade”). It is hard to see what justification there can be for a prohibition on specialist ‘vape magazines’, since the people who buy them have, just by doing so, already indicated a strong interest in vaping products. There are some aspects that (at the time of writing) are unknown. Email promotion is prohibited – but what about emails to existing customers about new products? They would seem to be permitted – but an email about a special offer would appear to be prohibited. Sending special offers by physical mail to existing customers would seem to be permitted, unlike email – another area where the revisions to the TPD don’t seem to fit well with environmental protection requirements. It all seems a bit confused and arbitrary, and hopefully the ASA (Advertising Standards Agency) will be able to provide some clear guidance on exactly where the lines are drawn. It may be the case that some of the boundaries between providing information about products and promoting them will only be defined as a result of court decisions – a very unhelpful position for vaping companies to be in. What is clear is that the opportunities to promote any business, brand or indeed product relating to electronic cigarettes, are going to become extremely limited. What isn’t clear is why the promotion of a safer alternative to smokers should be explicitly prohibited. No one would argue with some restrictions and regulation of the advertising of vaping products, but as the Directive makes clear, this is not the regulation of advertising – it is a prohibition of almost all advertising.