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UK Elf Bar News

Time: 2022-07-17

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The Guardian: Chinese e-cigarette giant Elf Bar defies UK advertising rules to promote e-cigarettes to children

Elf Bar, a leading Chinese e-cigarette brand, is ignoring regulations to promote its products to young people in the UK, an Observer investigation has reported, with experts warning that children as young as seven are using brightly coloured, sweet-tasting e-cigarettes cigarette.


Elf Bar, a Chinese e-cigarette giant, has seen a surge in the use of its products by under-18s over the past year, promoted by social influencers who, in some cases, claim to have been paid for promotions and paid for free benefit from the product.


The videos — many of which show influencers vaping on camera — have no age restrictions and aren’t always clearly marked as ads. Some have attracted hundreds of thousands of views on the short-form video app TikTok, which is used by half of 8- to 11-year-olds and three-quarters of 16- to 17-year-olds.


The promotions, which appear to be in breach of rules banning e-cigarette advertising on social media, appear to be part of Elf Bar's efforts to attract new customers in the UK, including campaigns on buses and billboards and giveaways of its products. TikTok this weekend removed two accounts promoting Elf Bar products after being alerted by Observer.


The UK e-cigarette market is worth more than £1bn a year, but public health experts worry that single-use e-cigarettes, such as those made by Elf Bar, which cost just £3.99 each, are leading to increased use among young people.


It is illegal to sell e-cigarettes to anyone under the age of 18, but they are readily available online and on the street.


The Association of Directors of Public Health (ADPH) said this weekend that it wants to see tougher regulations banning the brightly coloured packaging used by Elf Bars and review flavours that could appeal to children.


Dr Gareth Nye, head of the Medical Sciences programme at the University of Chester, warned of potential long-term health consequences, including lung disease.


"While vaping has enormous benefits for many people, the astonishing growth in non-smokers and vapers means we need to think carefully about how these products are advertised and sold," he said.


Image from the Elf Bar website, featuring a young female model vaping.


Two years ago, Elf Bar was just an e-cigarette brand, but it is now one of the most popular brands among young people in the UK. Owned by a Chinese technology company, the brand is best known for its disposable e-cigarettes, which come in flavors including Skittles, Bubble Gum and Cheesecake.


They don't contain tobacco, but come pre-filled with an e-liquid based on nicotine salts that contain 20mg of nicotine per milliliter - the highest concentration allowed by UK law.


Health experts fear the growing popularity of the Elf Bar, with its slogan "Let it be elf and enjoy yourself", could lead to a surge in e-cigarette use among young British people, just as Juul allegedly fueled vaping use.


More than half of young people who vape say disposable e-cigarettes, such as those made by Elf Bar, are their product of choice, a sevenfold increase since 2020.


Juul, which is partly owned by Marlboro cigarette maker Altria, was ordered last month by the U.S. Food and Drug Administration to withdraw all of its products from the U.S. market, with its executive claiming its products have played a disproportionate role in the rise of young people. . The company is appealing the ban, which has been temporarily suspended.


In the UK, although the number of young people using e-cigarettes is relatively small, research shows the number is growing. A survey by YouGov and the charity Action on Smoking and Health (Ash) found that the proportion of children aged 11 to 17 who used e-cigarettes rose from 4% in 2020 to 7% in 2022. The percentage of children who tried e-cigarettes also rose from 14% to 16%.


More than half of children who vaped said disposable e-cigarettes were their product of choice — up from 7% in 2020 — with the most popular brand being Elf Bar.


There are strict rules for promoting vaping products in the UK, designed to prevent irresponsible marketing and advertising targeting young people. In 2019, four e-cigarette companies were sanctioned for promoting their products on social media in disregard of advertising rules.


But promotions on TikTok for Elf Bar products appear to be blatantly flouting those rules.


Videos showing influencers opening big packages of products they say are sent to them for free, or posting comments they say are sponsored, have attracted hundreds of thousands of views.


A British TikToker said in the video that she works for Elf Bar and is paid by the brand to post about its products. "Easy Money," one caption read. "Get a free elf bar and get paid to do a taste test," said another.


Her content, which has been viewed 5 million times, includes a video of her trying the cherry-flavored disposable Elf Bar e-cigarette on camera, presented as a comment but with a small tag stating it was an ad . "OMG! She's beautiful," she said, turning on the vape and testing it on camera. "That's beautiful. It tastes like cherry jam...I'm obsessed. I love it. I think it beats every flavor I've tried so far."


In another video, she opens a large delivery of Elf Bar products in flavors including Cheesecake, Skittles, and Bubble Gum, and declares, "Elf Bar, I just love you." The video is flagged as a giveaway, indicating that the product was made by Sent to her by Elf Bar, but not clearly marked as an ad.


Another British TikToker who promotes Elf Bar products said on his profile that he is 20 years old. A video that has been liked more than 7,000 times shows him holding disposable e-cigarettes of various colors at the camera. "What's your favorite flavor because I've never tried @Elfbarofficialuk #ad," the caption said.


Advertising Standards Authority (ASA) rules state that vaping ads must be responsibly targeted, not targeted to youth under the age of 18, and not advertised on any platform where more than 25% of the audience is under the age of 18. Additionally, the people in the ads promoting these products should not or appear to be under the age of 25.


The watchdog said it was evaluating evidence passed to it by observers. After being contacted for comment, TikTok said it had removed content flagged as violating its rules.


A spokesperson said: "Our guidelines make it clear that content that promotes the sale, trade or offer of vaping products is not allowed, regardless of age. We have investigated and removed the content flagged to us and have taken action against these accounts.


Ash, who advocates e-cigarettes as a healthier alternative to cigarettes, said the Elf Bar's advertising was problematic and helped drive perceptions of the devices' appeal.


The charity's deputy chief executive Hazel Cheeseman said: "The public health value of e-cigarettes is in helping to quit smoking, but they don't appear to be positioning these products as an alternative to smoking. They are promoting them as a pleasant experience.


Public health chiefs are now backing calls for stricter regulation of vaping after warnings of reports that children as young as 7 are vaping. They also want new restrictions on the promotion of e-cigarettes to young people.


ADPH board member and Solihull director of public health Ruth Tennant said: "E-cigarettes started small in schools, but anecdotal evidence from principals points to a bigger problem. Schools are talking about doing things like bag searching...we can get addicted.


Devon County Council issued a letter to principals last month warning of an increase in incidents involving students and vaping. It said problems were mainly in secondary schools, but warned of reports that some pupils were using vaping products.


Devon public health director Steve Brown said the Elf Bar brand advertised its products on its website with young female models vaping and he was concerned the brand was targeting young people.


"In the 1970s and 1980s, tobacco packaging was branded to entice people to smoke, and I fear we are something similar in the e-cigarette market," he said.


"This is a product that contains nicotine, and we need similar controls for tobacco."


A review of the government's ambitions to become smoke-free by 2030, former Barnardo chief executive Javid Khan, warned last month of the Wild West of online vaping products.


E-cigarettes are at least 50 percent less harmful than cigarettes, and possibly closer to 95 percent, the report said.


School and university leaders believe vaping products are too easily accessible to those under 18, the report said. The report recommends banning the use of vaping products by cartoon characters, reviewing available flavors, banning companies from giving away vaping products for free, and making it illegal to use age-restricted products in school and university settings.


The report is awaiting a response from the government.


John Dunne, director-general of the British Vaping Industry Association, which represents companies in the industry, said he was concerned by the increase in reports of vaping in schools. He said: "We're getting calls from schools because they're starting to see kids getting these products. Mainly disposable items.


Dunn said the association called for stronger regulation, including tougher fines of up to £10,000 for rogue traders who sold to children.


"If you don't want kids to use these products, then you have to stop supplying them," he said.


In a statement, Elf Bar said it was well aware of UK regulations and would conduct an internal investigation into the reported allegations.


The company said it had a policy of not paying influencers and that it complied with ASA rules on e-cigarette advertising, obtaining approval before running campaigns on buses and billboards.


A spokesman said: "We are fully committed to addressing the issue of vaping products falling into the hands of minors. This includes cracking down on unofficial Elf Bar promotions on social media and rogue retailers. All Elf Bar packaging states that our products are not sold to persons under the age of 18.


The Department of Health and Social Care said: "We have some of the toughest e-cigarette regulations in place to protect young people and will continue to work closely with the MHRA [Medicines and Healthcare Products Regulatory Agency], Trade Standards and other regulatory enforcement agencies to ensure sales in the UK products comply with these regulations.



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