Advertising Standards Authority (ASA) has upheld a complaint against Golden Vape UK Ltd, ruling that a series of promotional claims for nicotine-containing e-cigarettes on eBay breached the Committee of Advertising Practice (CAP) Code.

The ruling, published on 11 February, followed a challenge by the UK Vaping Industry Association Ltd (UKVIA), which questioned whether seven product listings directly promoted nicotine vapes and their components in online media.

The ads appeared on Golden Vape’s eBay shop and were seen on 25 September 2025. They covered a range of popular vape brands and products, including IVG 2400 4 in 1 Rechargeable & Refillable Pod Kit, Edge E-liquid 50/50 Vape Juice 10ml, Vaporesso Dojo Blast 10k Prefilled Pod, Elf Bar 4 in 1 Pods, Lost Mary 4 in 1 Pods, Elf Bar Dual 10k Pods and Bar Juice 5000 Refillable Nic Salt.

The listings featured multibuy claims, bulk price options and limited time offer messaging.

The regulatory framework

The ASA assessed the ads under CAP Code rule 22.12, which reflects the legislative ban in the Tobacco and Related Products Regulations 2016 (TRPR) on advertising unlicensed nicotine-containing e-cigarettes in certain media.

The rule prohibits marketing communications that have the direct or indirect effect of promoting such products in newspapers, magazines and periodicals, as well as in online media and other electronic formats, unless an exception applies.

An important exception allows factual information about products on marketers’ own websites, and in certain non-paid-for online spaces under the marketer’s control, provided the information is not promotional in nature. Marketing is also allowed in media targeted exclusively to the trade.

eBay as a ‘non-paid-for space’

The ASA considered whether Golden Vape’s eBay shop constituted a non-paid-for online space analogous to the company’s own website.

Because the listings could only be found by users actively searching on eBay or via search engines, the regulator concluded that the shop was a non-paid-for space under Golden Vape’s control. In principle, factual claims about nicotine-containing e-cigarettes would therefore be permitted in that context.

However, the key issue was whether the content went beyond factual information and became promotional.

Promotional, not purely factual

The ASA found that several elements crossed the line:

• Phrases such as “SPECIAL BUNDLE OFFERS”, “SPECIAL MIX & MATCH OFFERS”, “LIMITED TIME OFFER”, “LIMITED OFFER” and “Hurry! Limited-Time Offer You don’t wanna miss this!” were considered promotional and designed to encourage purchase.
• “Buy X Get Y Free” mechanics were deemed inherently promotional because they incentivised consumers with free products.
• Although multibuy pricing in itself could constitute factual information, the presentation – including large capitalised text on bright coloured rectangles – placed undue emphasis on price and was judged to go beyond objective description.

The regulator also noted that certain promotional elements were generated by eBay based on settings chosen by Golden Vape. As such, the company was held responsible for the overall presentation of the listings.

Because the products were nicotine-containing e-cigarettes or their components and were not licensed as medicines, the ASA concluded that the ads had the direct effect of promoting them in online media.

Breach and action

The ASA ruled that the ads “must not appear again in the form complained of” and instructed Golden Vape UK Ltd to ensure that future marketing communications for nicotine-containing e-cigarettes and their components, where not licensed as medicines, do not appear in prohibited media with either a direct or indirect promotional effect.

Golden Vape said it had amended the listings to remove promotional elements, acknowledging that phrases such as “Limited Time Offer” and the use of offer-style badges could be interpreted as promotional.