CAP's June 2026 vape ad guidance: the under-25 and under-18 appeal audit for retailers

CAP's 17 June 2026 AdviceOnline update is a practical prompt for any UK vape retailer still running permitted marketing: check who appears in the creative, check whether the presentation could particularly appeal to under-18s, and check whether the placement is responsibly targeted.

It is not the same thing as the government's wider advertising and sponsorship ban. The Department of Health and Social Care says the government intends that broader ban for vaping and nicotine products to come into force from 1 June 2027, following the Tobacco and Vapes Act 2026 receiving Royal Assent on 29 April 2026 (DHSC: source). That means retailers have two jobs running in parallel: keep today's permitted communications compliant, and prepare for the 2027 transition.

This guide is written for adult UK vape retailers, operators and compliance-minded readers. It is practical editorial guidance, not legal advice.

CAP's AdviceOnline page on electronic cigarettes, children and young people is dated 17 June 2026 and applies to non-broadcast marketing communications in media where e-cigarette advertising is permitted or not already caught by the specific e-cigarette media prohibitions (CAP AdviceOnline: source).

The core rules sit in CAP Code section 22. CAP rule 22.9 says e-cigarette ads must not be likely to be of particular appeal to under-18s, especially by reflecting or associating with youth culture. CAP rule 22.10 says people shown using e-cigarettes, or playing a significant role, must not be or seem to be under 25. CAP rule 22.11 says marketing must not be directed at under-18s through media selection or context, and that no medium should be used if more than 25% of its audience is under 18. CAP rule 22.12 sets out major media restrictions for unlicensed nicotine-containing e-cigarettes and components, including newspapers, magazines, periodicals, online media and some other electronic media, with trade-only and factual-information exceptions in defined contexts (CAP Code section 22: source).

CAP AdviceOnline guidance is the CAP Executive's view rather than a binding ASA ruling. Still, for a retailer trying to avoid avoidable problems, it is a useful live checklist. If a creative asset fails one of these tests, the issue is not just whether it looks untidy. It may be unsuitable for use in permitted vape marketing.

For the broader timetable, see Vapour Hut's transition guide: 1 June 2027 nicotine marketing date: operator transition update.

The first audit question is simple: does any person in the asset appear to be using a vape product, endorsing it, demonstrating it, reviewing it, presenting it, or otherwise making the creative more persuasive?

If yes, CAP rule 22.10 matters. CAP says people shown using e-cigarettes or playing a significant role must not be, or seem to be, under 25. Under-25s may appear only incidentally and must obviously not be using e-cigarettes (CAP Code section 22: source).

For retailers, the apparent-age point is often the harder one. A model may be over 25 on paper, but the creative can still create risk if the person seems younger. The review should therefore cover both evidence and appearance: contracts, model releases, creator agreements, campaign briefs, edit history and a plain-English apparent-age check by someone not involved in producing the asset.

Influencer, testimonial and personality-led content deserves extra caution. A person does not have to be holding a device in every frame to play a significant role. If their face, voice, persona or endorsement is the reason the communication works, the retailer should treat it as a high-scrutiny asset. Cropped hands, lifestyle shots, user-generated images and old campaign material should also be reviewed, because reused assets can carry the same problem into a new placement.

A useful rule of thumb for an internal review is this: if the person's presence is doing persuasive work, do not treat them as background detail.

The second audit asks whether the creative is likely to be of particular appeal to under-18s. CAP rule 22.9 specifically flags youth culture, real or fictitious characters likely to appeal to under-18s, and adolescent or juvenile behaviour by people shown using or playing a significant role around e-cigarettes (CAP Code section 22: source).

This is broader than asking whether the retailer intended to target children. A campaign can be adult-intended and still create a problem if its look, language, characters or context skew young.

Retailers should look for youth-culture cues, school or teen settings, cartoon-like characters, playful mascots, juvenile behaviour, meme-led copy, trend-chasing phrasing and visual treatments that feel closer to entertainment content than controlled adult retail information. Bright, sweet-shop-style presentation is also a poor fit for responsible adult-only vape marketing, especially if flavour language moves from factual description into excitement-led promotion.

That does not mean a product page has to be unreadable. It means the communication should not borrow the codes of youth entertainment, novelty or under-18 culture. A factual line about a device's battery capacity, tank capacity, pod compatibility or nicotine strength is different from copy that tries to sell a lifestyle, a mood or a social identity.

Retailers should also avoid health, medical or cessation claims in vape marketing. If a statement touches regulation, law, health or public policy, attribute it to a primary source and keep it within the wording that source supports.

The third audit is placement. CAP rule 22.11 says e-cigarette marketing must not be directed at under-18s through media selection or context, and no medium should be used if more than 25% of its audience is under 18 (CAP Code section 22: source).

The practical point is evidence. A retailer should be able to explain why a placement was considered adult-targeted at the time it ran. Assumptions are weak evidence. Screenshots, audience-composition data, placement notes, customer-list criteria, age-gating settings and written approval records are stronger.

For owned channels, check the surrounding context as well as the nominal audience. A page, email list, in-store display or event environment can be adult-focused in intent while still creating avoidable exposure issues if the context is mixed or poorly controlled. For online placements, social content and paid activity, see Vapour Hut's related guide: Vape ads on social media: UK rules for 2026.

1. List every live and scheduled marketing placement.
2. Record the audience data or placement rationale for each one.
3. Flag any medium or context where under-18 exposure cannot be ruled out.
4. Pull or rework creative that relies on youthful visuals, personalities or trend culture.
5. Save dated evidence for the compliance file.

The strongest retailer process is boring in the right way: a dated record, a named reviewer, a source for audience data and a clear decision.

CAP's media-prohibitions guidance says nicotine-containing e-cigarettes and their components face restrictions across newspapers, magazines, periodicals, online media and some other electronic media, with limited exceptions including trade-only media and factual claims on marketers' own websites in certain circumstances (CAP AdviceOnline: source).

That own-website point is important, but it is not a licence to write promotional copy under a factual heading. CAP's factual-vs-promotional guidance distinguishes between factual product information and promotional claims. Retailers should treat that distinction as narrow, especially for nicotine vape products (CAP AdviceOnline: source).

Factual information can include product dimensions, tank capacity within the UK limit, nicotine strength within the UK limit, bottle size within the UK limit, compatible pods or coils, ingredients, device colour, stock identifiers and clear availability information. Promotional copy is different: hype-led flavour language, lifestyle promises, scarcity pressure, exaggerated claims, personality-led endorsements and copy designed mainly to encourage purchase can move the page into more difficult territory.

For a deeper look at this distinction, read: Vape Website Product Information After 2027: Factual Copy vs Promotion.

The CAP youth-appeal audit is a near-term control. It is not the whole 2027 plan.

DHSC says the government intends the wider advertising and sponsorship ban for vaping and nicotine products to come into force from 1 June 2027, and that further secondary legislation, codes and guidance will follow (DHSC: source). The Tobacco and Vapes Act 2026, Part 6 creates prospective offences connected with publishing, designing, printing, distributing, causing publication or distribution, and providing internet services for advertisements whose purpose or effect is to promote vaping products or nicotine products (legislation.gov.uk: source).

Part 6 also includes defences in defined circumstances, including trade-only communications and replies to particular individual information requests, and a public-health-campaign defence for generic arrangements with a public authority rather than brand promotion (legislation.gov.uk: source). Retailers should not read those defences casually. They are legal provisions, not marketing tactics.

The direction of travel is wider than advertising alone. GOV.UK's 10 July 2026 consultation on tobacco and vapes packaging, appearance and display shows that youth appeal remains a live policy focus beyond media placement (GOV.UK: source). For the broader Act context, see Vapour Hut's guide: UK Vape Laws 2026: What Changes Now the Tobacco and Vapes Act Is Law?.

Use the CAP update as a working audit, not a one-off news item.

• Archive old vape creative and record why it was removed or retained.
• Verify actual and apparent age for any person appearing in permitted creative.
• Remove significant-role people where the age or appeal test is uncertain.
• Review influencer, testimonial, user-generated and archive assets before any reuse.
• Strip out youth-coded presentation, cartoon-like characters, juvenile behaviour and trend-led copy.
• Rewrite own-site copy as factual product information where that is the intended basis.
• Check UK product-limit references carefully: nicotine strength must not exceed 20 mg/ml, refill containers for nicotine-containing liquid must not exceed 10 ml, and tank capacity must not exceed 2 ml under the UK consumer-product regulations described by GOV.UK/MHRA (GOV.UK: source).
• Document audience data and placement context for all permitted marketing.
• Map sponsorship, paid, social, affiliate and internet-service exposure ahead of 1 June 2027.
• Schedule a 2027 re-audit once further secondary legislation, codes or guidance are available.

For a broader operational version, use Vapour Hut's UK Vape Marketing Audit Checklist for 2026.

CAP's June 2026 update is best treated as a practical warning light for adult-only vape marketing controls. It asks retailers to look closely at three things that can be missed in day-to-day campaign work: apparent age, under-18 appeal and placement evidence.

The disciplined approach is to keep current permitted marketing factual, adult-targeted, documented and free from youth appeal, while preparing separately for the planned 1 June 2027 advertising and sponsorship regime. Do the creative audit now, keep the evidence, and revisit the whole process as the next round of official guidance is published.

• CAP AdviceOnline: Electronic cigarettes: Children and young people — https://www.asa.org.uk/advice-online/electronic-cigarettes-children-and-young-people.html
• CAP Code section 22: Electronic cigarettes — https://www.asa.org.uk/type/non_broadcast/code_section/22.html
• CAP AdviceOnline: Electronic cigarettes: Media prohibitions — https://www.asa.org.uk/advice-online/electronic-cigarettes-media-prohibitions.html
• CAP AdviceOnline: Electronic cigarettes: Factual vs promotional claims — https://www.asa.org.uk/advice-online/electronic-cigarettes-factual-vs-promotional-claims.html
• Department of Health and Social Care: Ending the advertising and sponsorship of vaping and nicotine products from 1 June 2027 — https://healthmedia.blog.gov.uk/2026/06/01/ending-the-advertising-and-sponsorship-of-vaping-and-nicotine-products-from-1-june-2027/
• Tobacco and Vapes Act 2026, Part 6 — https://www.legislation.gov.uk/ukpga/2026/18/part/6?view=plain
• GOV.UK consultation: Tobacco and vapes packaging, appearance and display — https://www.gov.uk/government/consultations/tobacco-and-vapes-packaging-appearance-and-display/tobacco-and-vapes-packaging-appearance-and-display
• GOV.UK/MHRA: E-cigarettes: regulations for consumer products — https://www.gov.uk/guidance/e-cigarettes-regulations-for-consumer-products