United States: 90% of Instagram posts about vaping do not have health warnings

According to a study published in Nicotine & Tobacco Research[1], the vast majority of Instagram posts published by accounts belonging to vaping manufacturers did not comply with the United States Food and Drug Administration (FDA) regulations regarding the mention of a health warning, and included content likely to attract young people.

The researchers analyzed a sample of 1,243 Instagram posts and videos from accounts belonging to vaping manufacturers between January 2021 and February 2022, studying their compliance and the themes covered.

Content that does not contain health warnings

For print advertisements and other advertisements with a visual component (including, for example, web pages on the Internet, web pages on social media, digital platforms, mobile applications and email correspondence), a health warning is required and must appear directly on the advertisement. In addition, these health warnings must represent at least 20 % of the advertisement surface, be in a format and located in a clearly visible and conspicuous location, at the top of each advertisement, in the wrapping area, if applicable.

According to the study, nearly 90% of the posts analyzed did not include the health warnings required by the federal government, only 12.8 % of them had a fully compliant warning covering 20 % of the post.

A study conducted in France on digital advertising of new nicotine products by the National Committee against Smoking (CNCT) had shown similar results. The association had monitored 15 sites selling vaping and nicotine products throughout 2023 and had found that only 20% had a compliant health warning (visible in accordance with the public health code). The CNCT had also monitored the social media accounts of these brands, and out of 1066 advertising inserts noted in 2023, only 27 (2%) had a compliant health warning.

Attractive advertisements likely to attract young people

In the study published in Nicotine & Tobacco Research, over 400 messages from the sample were analyzed to identify themes and visual elements that are likely to appeal to young people, including technological aspects and stylized photographs. The study found that nearly half (45% of %) of the messages emphasized the high-tech aspect of the product and that 33.6% of the messages used stylized and attractive photographs, which are likely to attract young people and encourage them to adopt the promoted product.

Device customization and “vaper identity” themes were also valued in brand messages, present in 24.5 % and 17.7 % of the sample, respectively. In addition, 32.2 % of the messages encouraged social media engagement through likes, comments, or shares, which increases the reach of the advertising message without spending money. Finally, 5.7 % of the messages included memes, a format popular with young people and designed to be shared.

In the CNCT study, all the advertisements found on social networks presented the consumption of vaping products as positive and recreational. The three main selling points were the contribution of flavors and their great diversity (41% of the advertisements found), the presentation of the product and the description of its functionalities with a highlighting of the product offered (27%), and finally the promotional offers (17%).

Overly permissive regulation on social networks

For the American organization Truth Initiative[2], the findings of the US study indicate that the regulatory framework limiting only e-cigarette advertising on social media is insufficient, and that stricter enforcement is needed. While Instagram has rules against content that aims to sell a product or promote a device containing nicotine, these are rarely enforced. The five largest e-cigarette companies reported doubling their ad spend on social media between 2018 and 2020, while reducing their ad spend on other media. This development underscores the role of social media as a key marketing channel for many brands.

Instagram, which allows minors to sign up and view all posts, gives tobacco/vaping companies almost unlimited access to young people. It has even become a platform where minors can obtain e-cigarettes through a practice known as “discreet shipping.”

In light of the findings of its study conducted in 2023 on digital platforms, the CNCT recommended a total ban on the sale of products containing nicotine online, a measure already in force in France for tobacco products.

At the Conference of the Parties to the WHO Framework Convention on Tobacco Control (WHO COP10), governments adopted specific guidelines to complement existing ones. These guidelines address cross-border digital advertising, including on social media. They aim to help countries more effectively implement the ban on cross-border advertising of tobacco and nicotine products, including on social media.

©Tobacco Free Generation

AE

[1] Nathan A Silver, Padmini Kucherlapaty, Adrian Bertrand, Robert N Falk, Jessica Miler Rath, Improving Enforcement Measures and Establishing Clear Criteria: A Content Analysis of Tobacco-Brand-Owned Instagram Accounts, Nicotine & Tobacco Research, Volume 26, Issue 9, September 2024, Pages 1175–1182, https://doi.org/10.1093/ntr/ntae052

^[2] Nearly 90% of Instagram posts by tobacco companies violate either federal regulations or guidance on youth marketing, Truth Initiative, published August 26, 2024, accessed August 28, 2024