Question about the law on advertising vapes and related products

Consumer

Hello legal advice friends!

I have started a vape shop, and am trying to drum up some business. I am being careful to remain compliant in regards to the law on advertising. I have an Instagram page, and would like to encourage my audience to go to my website and buy stuff from me. I have age checking processes in place, so this is purely a question on the law surround vape advertising.

I have researched as best I can, and I still have questions. The article I have been trying to understand is below and it is from the .government website on the topic of vape advertising.

https://www.gov.uk/government/publications/proposals-for-uk-law-on-the-advertising-of-e-cigarettes/publishing-20-may-not-yet-complete#what-article-205-states

It states the following:

Retailer sites: No advertising or promotion but factual information about products, factual ‘how to’ videos permitted.

Company’s own websites, and other non-paid-for online space under their control: No advertising or promotion but factual information about products, factual ‘how to’ videos permitted.

Both areas are covered by the same answer. I would assume that if my own website is allowed to list prices (based on the fact prices are factual infomation) then I am also allowed to list prices on images and videos I post on my website, along with links to the products in the content. Is this correct?

As a related question, what is the actual difference between advertising/promotion, and factual infomation. My understanding would be that factual infomation is stating product facts like spec and price, while advertising and promotion is encouraging someone to buy that product. For example, if I post an image to my Instagram with the flavours available and the price, and also a link to the product page on my website, am I promoting that product or providing factual infomation, which in this case would be this is the product flavours available, this is the price and this is where you can buy it.

I looked at other vape shops and I see some vape shops do not include any pricing at all on their posts, and other vape shops do.

If anyone has any material or experience that would help me clear this up I would be super grateful.

Thank you

Posted Oct 2, 2022, 10:38 AM UTC

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