Companies selling e-cigarettes are no longer allowed to link to their website via social media or email. This applies regardless of whether they are selling directly or not. This is the result of the Swedish Consumer Agency's complaint against the company eSmokes for violating the provisions on marketing in the Tobacco and Similar Products Act.
Esmokes is one of Sweden's oldest companies in the trade for e-cigarettes, e-juice and accessories. Sales are made both in stores and online. However, eSmokes also has social media accounts where it regularly publishes product information about nicotine-free products and accessories that are not regulated by law, as well as a link to its website. It also sends out a regular newsletter to customers, with links to unregulated products.
But that's all over now. According to the Swedish Consumer Agency, the posts are still to be regarded as "encouragement to use tobacco products" and therefore prohibited under the Tobacco and Similar Products Act.
"Our newsletters and posts now have to be sent completely without links. It's like our name is toxic" says Niklas Sandin, which runs eSmokes.
No advertising of nicotine or mods
Although the sale of e-cigarettes is fully permitted in Sweden the restrictions on marketing are very extensive. At the same time, the law has become difficult to apply in practice, especially as companies in the sector sell both regulated and unregulated products. According to the Swedish Consumer Agency, it is not permitted to link to, or even display via a banner on a website, products that are regulated under the Tobacco and Similar Products Act. This also applies to social media. For vejpshoppar, this interpretation has been guiding for e-liquid containing nicotine, but also some nicotine-free goods such as mods, tanks and devices containing both tank and battery (including all disposable models).
Interpreters on the law
Nicotine-free e-liquids, such as essences and shortfills, are not regulated by law. Nor do loose parts such as nozzles and batteries. The Swedish Consumer Agency has previously announced that these products can be displayed without automatically breaking the law. But according to the message to eSmokes, this will not be allowed in the future either. Instead, KO chooses to interpret virtually all information on the website "within information society services" as unauthorized.
"Posts that reproduce e-cigarettes or refill containers and links to a website that sells e-cigarettes or refill containers are considered commercial communications whose purpose or direct or indirect effect is to promote regulated products," the Swedish Consumer Agency writes to eSmokes and refers to a judgment from 2022 where the company EcoCig was convicted of illegal marketing.
"Ban cigarettes instead?"
Niklas Sandin and eSmokes believe that the Swedish Consumer Agency should be more clear about what it actually requires from companies selling e-cigarettes.
"It's tiresome to say the least, but after 11 years in business, we're not surprised. They have the right to interpret the law. We have asked more questions about what exactly we CAN and CANNOT do and are waiting for answers. But the bottom line is that we are currently not allowed to link to our own website anymore. At the same time, we don't hear anyone talking about banning smoking tobacco and cigarettes, instead of constantly going after e-cigs and white snus." says Niklas Sandin.
