Disposable e-cigarette maker 'Wpuff' fined for illegal vaping advertising

On September 16, the company AKIVA (manufacturer Liquidéo, disposable electronic cigarettes of the Wpuff brand), was convicted by the Paris judicial court for illegal advertising in favor of vaping on its website and on the Instagram network. A decision welcomed by the National Committee against Smoking (CNCT), at the origin of the procedure, which according to the association, marks a first halt to the brand's particularly aggressive marketing strategies[1].

The CNCT had referred the matter to the emergency judge in February 2022 as part of its judicial vigilance mission entrusted by the Ministry of Health. The two websites "wpuff.com", "wpuff.fr" and an Instagram account of the brand, intended for a French-speaking audience, had been targeted. According to the Committee, these media were dedicated to the assumed promotion and active marketing of the electronic vaping device "Wpuff", particularly among young people.

Disposable e-cigarettes like puffs are popular with teenagers

Disposable puff-type e-cigarettes, which cannot be recharged, come in around fifteen sweet or fruity flavors (marshmallow, iced grape, ice cream mango, choco hazelnut, etc.) in colorful and attractive packaging, reminiscent of the candy packaging that is very popular with minors and young adults. These products often resemble the JUUL e-cigarette aesthetically, comparable to a USB key, and with a design that refers to new technologies. They have quickly gained popularity among teenagers, propelled by social networks, particularly TikTok, Snapchat or Instagram. Influencers, through videos, praise the ease of use of these e-cigarettes as well as the multitude of flavors available, creating a fashion effect in middle and high schools. These products are often presented in equally attractive packaging, reminiscent of certain famous candies and which use these flavors.

The promotion of vaping products is formally prohibited by the Public Health Code

Article L 3513-4 of the Public Health Code states that “ propaganda or advertising, direct or indirect, in favor of vaping products is prohibited ".

The CNCT had denounced the insertion of several advertising and illicit tabs on the website and the Instagram network, in particular the association of products with food products or gourmet flavors (marshmallow, ice candy, mango ice cream, choco hazelnut, etc.), the "recycling program", or even "promo codes" allowing the customer to subscribe and benefit from discounts when ordering.

A clear violation of the law confirmed by the emergency judge who considers "From therefore, the manifest violation of the ban on any advertising in favor of said products provided for by Article L. 3513-4 3° of the Public Health Code is characterized ". Adding " In fact, these inserts are not limited to informing the consumer about the objective and essential characteristics of the vaping products, relating to "their nature, composition, usefulness, conditions of use or terms of sale" but clearly constitute promotional advertising messages to encourage the consumption of the products sold on the site. ".

This promotion does not seem to be limited to the internet since the CNCT had also noted at the beginning of 2022, for information purposes, in its barometer advertising at points of sale, increased promotion of puffs at points of sale (tobacco shops, vape shops but also in kiosks and supermarkets). These advertisements highlight in particular the attractive prices through promotions and the diversity of flavors available. These advertisements, in number and visible from the outside, are mostly illicit (displays at checkouts, stickers on windows, large posters, etc.).

Keywords: CNCT, conviction, public health code, illegal advertising, Instagram,

AE

[1] Press release, The CNCT condemns the site “Wpuff.com” for illegal advertising in favor of vaping, CNCT, published on September 20, 2022, consulted on September 21, 2022