Website e-cigarette ad draws ire of consumer

Published Jun 30, 2011

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Regina Graham

THE Advertising Standards Authority of South Africa (ASA) is investigating a complaint against an electronic cigarette company that it alleges makes claims on its website that are “misleading”.

ASA spokesman Corné Koch said the complaint was filed against a South African e-cigarette brand, Twisp.

Cigarette companies, by law, are not allowed to advertise their products. However, according to Koch, this does not apply to e-cigarette brands.

“The plaintiff, whose name can not be released due to privacy rights, wanted the company to prove that nicotine and other hazardous chemicals are totally turned into vapour when inhaling the product,” Koch said.

When advertising smoking deterrents, the advertiser had to make it clear that the product offered only assistance and not a cure, and that its success would be dependent on the willpower of the user, Koch said.

“The advertising code does not have anything that bans the advertising of this (electronic cigarettes),” Koch said.

The ASA directorate was investigating, however.

Peter Ucko, director of the National Council Against Smoking, said there was no prohibition against the advertising of electronic cigarettes, but promoting smoking behaviour was banned.

“If the advertisement in question promotes smoking behaviour, it may be a criminal offence and we would consider opening a case.”

Philip Bartholomew, founder and co-owner of Twisp, said he had disputed the complaint filed against the company and that the text in question was not on the company’s website as an advertisement for the brand.

“In examining the text ‘drive to a healthier lifestyle’ it was (probably) written by a web optimisation company on our behalf and not in line with our company policy on making unwarranted health claims,” Bartholomew said.

The text does not appear on Twisp’s website, but may have been included in previous press releases used for search optimisation.

If the text could be found on the Twisp website, it would be deleted, Bartholomew said.

The complaint filed against Twisp also claims that the company is “participating with the tobacco industry”.

“We are clearly not in cahoots with the tobacco companies as we are trying to develop and protect alternatives to tobacco in the marketplace,” Bartholomew said.

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