Guidance on advertising nicotine replacement therapies: Interpretation

Smoking cessation

Section 18 of the Order requires that advertisements and promotions can only communicate the smoking cessation use of the product. Advertisements should do so explicitly.

Advertisements should not use the following components and objectives:

aspects or elements that could be interpreted as being potential additional uses other than smoking cessation
incomplete, overpromising, exaggerated or erroneous claims of product efficacy
downplaying potential risks associated with nicotine replacement therapies (NRTs)
promises of immediate smoking cessation
the association of NRT consumption with, or the evocation of, a positive or negative emotion about or image of:
- personal, social, sexual, professional, educational, athletic or financial success
- physical prowess, power or strength
the portrayal of the NRT in activities that could convey the attainment of outcomes other than smoking cessation, such as competence, prestige and fulfillment

Digital marketing of products subject to the Order should not be associated with digital advertising of products not subject to the Order (for example, food, fashion), activities or events. For example, user-generated tagging that enables content to be cross-referenced by an unrelated topic or theme, such as through hashtags or hyperlinks, could convey the attainment of outcomes or a use other than smoking cessation.

Appealing to young people

Section 19 of the Order requires that a person must not advertise or otherwise promote an NRT if there are reasonable grounds to believe that the advertisement or promotion may appeal to young people.

Aspects and elements of advertising that may appeal to young people must not be used. These include using:

models and actors who could mislead consumers about the acceptable age of the intended users of the NRT
brand identification, including logos, trademarks and names used on, and licensed for, clothing, toys, games and game equipment, and for other items intended for use primarily by young people
aspirations such as independence, liberation, attractiveness, adventurousness, sophistication, athleticism, social acceptability, sexual attractiveness, popularity and being "cool"

Advertising should not evoke emotions or images of a way of life that may appeal to young people. Examples of such emotions or images are glamour, recreation, excitement, vitality, risk and daring.

Advertising should not use characters, spokespersons or animals (real or fictional), themes or a way of life, settings, graphic design elements and visual, audio or other effects that could reasonably appeal to young people. These include using:

themes that are linked to identity and self-discovery, being "cool", romantic relationships, rebellion, adventure and exploration, fantasy and the supernatural, science fiction, fitting in, studying, rites of passage such as prom and first dates, peer-to-peer relationships and trends popular among teens
settings such as school, parties, dances, concerts and music festivals, sporting events and amusement parks
graphic design elements and visual effects such as memes, short text, unique fonts or font styles, bright or multi-coloured designs and popular expressions or vocabulary
audio effects such as jingles, melodies and memes

Advertising should not use social media influencers whose primary audience may mislead consumers about the acceptable age of the intended users of the NRT.

Regardless of its format (for example, print, radio, television, digital media), advertising should not be used if most of the targeted audience could mislead consumers about the acceptable age of the intended users of the NRT. For example:

Digital marketing communications that are intended to be forwarded by users ("forwardable content") should include instructions to not forward these materials to young people.
Advertisements should not be placed in television shows, movies, social media posts (for example, Instagram, Tik Tok), comics and other sources of entertainment for which the audience is made up of mainly young people.

Refer to the glossary for definitions.

Flavours

Sections 20 to 23 of the Order set restrictions on how NRT flavours are to be conveyed to consumers and purchasers.

Section 20 of the Order

A person must not advertise a nicotine replacement therapy, including by means of its label or package, in a manner that could cause a purchaser or consumer to believe that it contains:

if the nicotine replacement therapy is in a dosage form set out in the List, the flavour of a confectionery, dessert, soft drink or energy drink or
if the nicotine replacement therapy is in a dosage form not set out in the List, a flavour other than mint, menthol or a combination of mint and menthol

Flavour name — descriptive or qualifying words

Section 21 of the Order

A person must not advertise a nicotine replacement therapy, including by means of its label or package, by displaying a flavour name that is preceded or followed by any descriptive or qualifying words.

For example, NRT advertisements must not contain descriptive flavour names such as the words "chill", "cool" or "splash" before or after the flavour name.

Flavour name — reasonably conveyed

Section 22 of the Order

A person must not advertise a nicotine replacement therapy that is in a dosage form set out in the List, including by means of its label or package, by displaying a flavour name that does not reasonably convey its flavour.

For example, advertisements for NRTs in a dosage form set out in the List must appropriately convey the actual flavour of the product. Generic and nondescriptive flavour names are not allowed (for example, "original", "spicy"). It is also not acceptable to use a colour in the flavour name (for example, "blue").

Flavour name — mint or menthol

Section 23 of the Order

A person must not advertise a nicotine replacement therapy that is in a dosage form not set out in the List, including by means of its label or package, by displaying a flavour name that is other than "mint", "menthol" or a combination of "mint" and "menthol".

For example, if the only flavour listed among the non-medicinal ingredients is peppermint, the flavour name that must appear on the package or label should be "mint" and not "peppermint".

Statements, warning, and audio, visual and audio-visual advertising

Sections 26 to 28 of the Order set restrictions on how the following statements and warning for NRTs are to be conveyed to consumers and purchasers.

The guidelines to support compliance with these restrictions depend on the advertising medium.

Section 24 of the Order

Any advertisement for a nicotine replacement therapy must contain:

In the case of an advertisement in English, the statement:
1. "This product is intended for smoking cessation only. Do not use if you are under 18 years of age" or
2. "Only to be used by adults who are trying to quit smoking"
in the case of an advertisement in French, the statement:
1. "Ce produit est uniquement destiné à vous aider à cesser de fumer. Ne pas utiliser si vous avez moins de 18 ans" or
2. "À utiliser uniquement par des adultes qui désirent cesser de fumer"
In the case of an advertisement in both official languages, the statements set out in:
1. subparagraphs (a)(i) and (b)(i) or
2. subparagraphs (a)(ii) and (b)(ii) and
in any other case, the statement set out in subparagraph (a)(i) or (ii) or (b)(i) or (ii)

Section 25 of the Order

Any advertisement for a nicotine replacement therapy must contain:

in the case of an advertisement in English, the warning "WARNING: This product contains nicotine. Nicotine is highly addictive"
in the case of an advertisement in French, the warning "AVERTISSEMENT : Ce produit contient de la nicotine. La nicotine crée une forte dépendance"
in the case of an advertisement in both official languages, the warnings set out in paragraphs (a) and (b) and
in any other case, the warning set out in paragraph (a) or (b)

Audio advertising

Under section 26 of the Order, statements and warnings required under sections 24 and 25 that are contained in an audio advertisement for a nicotine replacement therapy must be communicated:

in their entirety at the same speed, volume and tone as the main message, without any word being emphasized more than any other and
without any music or background sound

The information required for audio advertising should be conveyed at the end of the audio advertising and must not be combined with any other audio information.

Visual advertising, including static and video advertising

Under section 27 of the Order, statements and warnings required under sections 24 and 25 that are contained in a visual advertisement for a nicotine replacement therapy must be:

clearly and prominently displayed and
readily discernible to a purchaser or consumer

The following guidelines are specific to visual advertising, which includes static and video advertising.

Surface area

From the edge that is in the horizontal plane, that forms the upper limit of the advertisement and that extends from the left edge to the right edge of the advertisement

The statements and warning should comprise at least 20% of the surface area of the advertisement and be visible at first sight to purchasers and consumers. For video advertisements, the required warning and statements should occupy at least 20% of the surface area of the advertisement for the duration of the advertisement.

Text of warning and statements

The required warning and statements should be displayed in such a manner that:

the text is presented in a consolidated manner, without any intervening words or images
the text is capitalized in the manner set out in the Order and
if the required warning and statements are displayed on more than 1 line of text, the letters in each word appear on the same line of text and a word should not be split into 2 lines of text

Each character in the text of the required warning and statements should have the same font and type size. The required warning and statements should be displayed in a standard sans serif font type that is not compressed, expanded or decorative.

Rectangular border

The warning and statements required for visual advertising should be enclosed within a rectangular border. They should be displayed on the advertisement in such a manner that the border demarcates the required statements and warning from any other statement displayed on the advertisement.

The required warning and statements should be centred in the rectangular border, oriented parallel to the upper limit of the visual advertisement. They should not occupy less than 60% and not more than 70% of the rectangular border.

Background

The area in which the required warning and statements are displayed should have a black or white background that contrasts with the colour of the text used.

Official languages — placement

If the warning and statements are conveyed in both official languages, each language version should be displayed immediately beside, below or above the other version.

Audio-visual advertising

Section 28 of the Order specifies that sections 26 and 27 apply to an advertisement for an NRT that consists of both audio and visual components. In the case of audio-visual advertising by video, the audio component of the required statements and warning should be conveyed at the end of the advertisement and must not be combined with any other audio information.

The ability of online platforms, including social media, to comply with the Order and this guidance, particularly with provisions pertaining to audio and visual requirements, should be assessed before using them for advertising purposes.

Brand recognition advertisements

All forms of advertising should be upfront and transparent about:

the smoking cessation use of the product
the intended target population of people over the age of 18 and
nicotine's addictive properties

Advertising and promotion activities that only promote the recognition of the brand name and related brand elements are to be avoided.

Section 18 of the Order states that a person must not advertise or otherwise promote an NRT for a use that is other than smoking cessation. Compliance with section 18 should not be accomplished solely by using the required statements specified in section 24.

Additional measures should be taken to adequately convey the intended use of smoking cessation and the intended target population (people over the age of 18). Measures can include using specific scenarios that depict the real-world use of the NRT, as well as images and elements that indicate the smoking cessation purpose and target population.

Transparency

The following is not specific to the Order and is general guidance.

All digital marketing should clearly and visibly show that all promotional posts featuring the product are sponsored by the product brand or manufacturer. This enhances transparency and the ability to monitor compliance.

Social media influencers should also be transparent about any advertising arrangements they have with the product brand or manufacturer. They should:

ensure that disclosures are highly visible
- consumers should not need to search them out
ensure that disclosures are inseparable from the content so that they are linked when shared
disclose material connections in each post
use clear and contextually appropriate words and images
avoid ambiguous references and abbreviations
- for example, "thank you company X", "ambassador", "partner"

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Date modified:: 2024-10-31

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