The federal Food and Drug Administration declared in 2016 that e-cigarettes are a tobacco product and should have to comply with the same regulations as other tobacco products.
This impacts the way e-cigarettes can be advertised, which leads to changes in the way vaping shops can advertise their products. Since vaping shops have been popping up in recent years, they have been good advertisers for newspapers. Ad managers should be aware that vaping shops must be in compliance with the new requirements by Aug. 10, 2018.
Below are the new requirements. With any new regulation, there are some gray areas. For instance, does an advertisement encouraging people to come to a new vape shop or hookah lounge require the tobacco warning label even if they are not promoting any products? The short answer is that we aren’t really sure. In instances like this, it’s better to err on the side of caution.
Must comply by Aug. 10, 2018
Format and Display Requirements for Required Warning Statements on Advertisements
Advertisements include print advertisements and other advertisements with a visual component (including, for example, advertisements on signs, shelf-talkers, Web pages, and email). The required warning statement, "WARNING: This product contains nicotine. Nicotine is an addictive chemical," on advertisements must:
• Appear on the upper portion of the advertisement within the trim area;
• Occupy at least 20 percent of the area of the advertisement (warning area);
• Be printed 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 warning statement;
• Be printed 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 printed material on the advertisement;
• Be capitalized and punctuated;
• Be centered in the warning area in which the text is required to be printed and positioned such that the text of the required warning statement and the other textual information in the advertisement have the same orientation; and
• Be surrounded by a rectangular border that is the same color as the text of the required warning statement and that is not less than 3 millimeters (mm) or more than 4 mm.