New E-Cig Advertising Rules Now in Effect

On August 8, 2016, new rules issued by the Food and Drug Administration (“FDA”) went into effect concerning radio, television and online advertisements for electronic cigarettes (“e-cigs”) and other Electronic Nicotine Delivery Systems (including e-hookah, vape pens, advanced refillable personal vaporizers, and electronic pipes), regular size or large cigars, pipe tobacco, and certain other tobacco products. Specifically, advertisements for these products cannot contain representations that the product presents a lower risk of tobacco-related disease or is less harmful than other commercially marketed tobacco products.

In addition, as of August 8, 2016, advertisements for e-cigs and other tobacco products cannot be targeted at persons under 18 years of age. Although these rules do not apply to broadcasters directly, broadcasters should be aware of them in order to assist their clients’ compliance efforts.

Read more, including required warnings in advertisements here.

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