France: Vape manufacturer convicted of illegal online advertising

The company Jwell France, which sells vaping products and nicotine pouches under the X-bar brand, was ordered, under an interim order, to pay compensation for the moral damage caused by acts of illicit advertising in favour of vaping on the internet.

The National Committee against Smoking (CNCT)[1] had brought the matter before the Paris judicial court after noting numerous promotional actions specifically targeting a young audience on the x-bar.co website and on the associated Facebook, Instagram and TikTok accounts. The CNCT specifies that an action is pending on the merits before the criminal court.

Advertisements that directly target young people

The CNCT indicates that it has noted numerous advertising inserts encouraging consumption on the brand's website and on several social networks. These advertisements presented the products in an attractive manner and were often accompanied by slogans that go beyond the simple informative nature authorized to describe vaping products.

Advertising slogans highlighting the many flavors available for these products, such as " everyone has a little candy craving from time to time ", to describe the "candy" flavor of a vaping device, or gourmet flavors referring to food products like " Ice Mango ", " Fizzy lemon " In his decision, the judge indicates that these insertions do not simply specify that the product has a candy taste but are designations of an incentive nature and appeal " to the regressive spring of each person ".

Several videos on the brand's TikTok account are also highlighted. In these videos, an employee of the brand calls out to young people in the streets of Paris and offers them to taste the brand's product and to offer the products in question. For the judges, these videos " have an undeniably advertising character” and the question of the majority of those questioned "arises".

Numerous and repeated violations

The association had already had the manufacturer Liquidéo (Wpuff) convicted in summary proceedings for similar acts on its website and social networks in 2022. In a report published in February 2023, the CNCT denounced the aggressive advertising campaigns around vaping devices at points of sale and on the Internet. A phenomenon that has been reinforced since the arrival of disposable electronic cigarettes.

The association denounces the lack of supervision surrounding the sale of vaping products, which is possible online – unlike tobacco – but also the exception granted to the place of sale in terms of advertising in favor of vaping products which opens a loophole for manufacturers to circumvent and violate.

Keywords: France, Jwell, Xbar, CNCT, vaping, advertising, marketing, flavors, young people

AE

[1] Press release, The CNCT has the X-bar brand website condemned for illegal advertising in favor of vaping, published January 25, 2024, accessed January 29, 2024