1. No Appeal to Minors. As detailed below, the Company’s marketing of its Vapor Products will not include content which may be perceived as directed towards Minors. The Company prohibits marketing material that could reasonably be perceived to be targeting individuals below the legal vaping age. This includes childish images, cartoons, characters, mascots or childish or juvenile designs that might appeal to youth.
2. Intended Audience for Marketing. The Company’s marketing of its Vapor Products should not be directed at Minors and no channel of marketing should be used if more than 15% of its audience is Minors. This restriction includes, but is not necessarily limited to, TV, Internet, print and radio advertising (see below), as well as event marketing or sponsorships. For regional (local, city or state) advertising, content must be directed to persons who meet or exceed the specific region’s age of majority.
3. No Improper Use of Trademarks or Trade Dress. The Company’s Vapor Products will not utilize names, imagery or designs that intentionally mimic, play upon, invoke or otherwise infringe upon existing trademarks, trade names or trade dress, particularly if they are associated with products that are or were primarily marketed to Minors.
4. No Smoking Cessation Claims. The Company’s Vapor Products will not be portrayed as any sort of smoking cessation device or as a product which may be used to help quit smoking.
5. No Claims Regarding Health or Safety. The Company’s Vapor Products will not be marketed as providing a therapeutic value, as being safe or healthy for consumers, or as products which do not produce secondhand health effects.
6. No Modified Risk Descriptors or Claims. The Company’s Vapor Products should not be marketed or sold using modified risk descriptors or claims (e.g., “light,” “low,” and/ or “mild”). By way of example only, Vapor Products should not be marketed as (a) having no ash or smoke, (b) having no tar, (c) being less harmful, (d) posing lower risk of disease or (e) as containing reduced or zero levels of harmful ingredients.
7. No Health Professionals. The Company will not use health professionals to market or otherwise endorse their Vapor Products, directly or indirectly.
8. Required language. “WARNING: This product contains nicotine. Nicotine is an
addictive chemical.”
9. Placement and Format of FDA Nicotine Addictiveness Warning. Subject to exceptions set forth in these guidelines, print and other advertisements with a visual component (including, for example, advertisements on signs, shelf-talkers, internet web pages, and electronic mail correspondence), must bear the required warning statement in the upper portion of the area of the advertisement within the trim area as follows:
a. Occupy at least 20% of the upper portion area of the advertisement;
b. Appear in at least 12-point font size and ensure that the required warning statement
occupies the greatest possible proportion of the warning area set aside for the required
text;
c. Appear in conspicuous and legible Helvetica bold or Arial bold type (or other similar sans serif fonts) and in black text on a white background or white text on a black background in a manner that contrasts by typography, layout, or color, with all other material on the advertisement;
d. Be capitalized and punctuated as indicated above;
e. Be centered in the warning area in which the text is required to appear and positioned
such that the text of the required warning statement and the other textual information in the advertisement have the same orientation; and
f. Be surrounded by a rectangular border that is the same color as the text of the
required warning statement (black or white depending on color of warning
determined by contrast in item c. above) and that is not less than 3 millimeters or
more than 4 millimeters.
