New French influencer law reiterates ban on promoting tobacco and vaping

The "law to combat scams and excesses by influencers on social media," which has just been adopted by the National Assembly, has been supplemented by references to the Evin law, which prohibits advertising for tobacco and vaping products and restricts advertising for alcoholic beverages.

The numerous commercial abuses observed on the part of influencers on social networks have been widely publicized regarding risky financial investments or the promotion of cosmetic surgery to minors.[1]A bill regulating these practices was debated these days and was adopted by the National Assembly.[2].

At the instigation of the Addictions France association, references to the Evin law were introduced into the drafting of this law, recalling the limitations on advertising for alcoholic beverages.[3]. An amendment[4] MP Karl Olive (Renaissance group) supplemented this reference to the Evin law with reminders of the articles prohibiting advertising, promotion and sponsorship for tobacco and vaping products.

Social networks quickly invested by tobacco manufacturers

For several years, the influence of social networks – such as TikTok or Instagram – on the consumption practices of young audiences, and among them a significant proportion of minors, has been highlighting. Social media influencers have been repeatedly pointed for offenses committed in relation to tobacco, vaping and nicotine products.

Tobacco manufacturers were indeed among the very first companies to seize these new media to promote their products. Banned from advertising in most countries, the tobacco industry has for several decades explored all the ways to exercise indirect forms of advertising, whether by launching clothing brands or sponsoring sporting and adventure events. With the consumption of smoked cigarettes tending to decrease, tobacco multinationals have engaged in a process of diversification and have multiplied new products. To promote these, they activated all the usual communication media and quickly turned to social networks to recruit young consumers. In particular, they advertised and promoted vaping products, but also heated tobacco devices and oral nicotine products (nicotine pouches, nicotine gum, "lozenges").

Puffs, an example of social media promotion

Independent vaping manufacturers, for their part, have adopted and imitated all the methods deployed by tobacco manufacturers on social media. Whether it's traditional e-cigarettes, pod systems (cartridges), or more recently disposable e-cigarettes ("puffs"), many manufacturers have financed or provided material support to social media influencers, sometimes minors.

The success of the puffs, in particular, has been heavily attributed to the activity of manufacturers on social networks. Several alerts had been launched on this subject at the end of 2021 by associative actors, who called for better legal supervision of these commercial practices and had caught the attention of certain elected officials. In February 2022, MP Sophie Métadier (UDI) called on the government to remind manufacturers and influencers of the penalties they face if they advertise or promote these products on social media. One year later, the legislation governing this sector has now been clarified.

Keywords: Social networks, influencers, Evin law, puffs.

©Generation Without Tobacco

MF

[1] Faure J, Will influencers soon be banned from promoting sugary drinks, travel or meat consumption? TF1 Info, published March 28, 2023, accessed March 31, 2023.

[2] Bill to combat scams and excesses by influencers on social networks, No. 1006, National Assembly, registered on March 22, 2023, consulted on March 31, 2023.

[3] Évin Law: What about influencers and alcohol?, Le Monde du Tabac, published March 31, 2023, consulted the same day.

[4] Amendment No. 96, Submitted on Friday, March 24, 2023, National Assembly, consulted on March 31, 2023.

National Committee Against Smoking |