An article by the Troutman Sanders Tobacco practice appears in the October issue of Smokeshop Magazine. The article, titled “The Uncertain Future of E-Cigarette Marketing”, discusses how major players in the e-cigarette market are building brand awareness and market share by using forms of advertisement that are unavailable to cigarette companies.
During the mid-twentieth century, advertisements for cigarettes were commonplace. They could be found on the radio, the television, and in print, and anyone from a public figure to a cartoon character could be spotted in them. That all changed after Congress passed the Public Health Cigarette Smoking Act in 1970, which banned the advertisement of cigarettes using the radio and the television. During the intervening years, these restrictions have expanded further to include other tobacco products such as roll-your-own and smokeless.
Although the FDA has announced its intention to begin regulation of e-cigarettes, as of yet there are no restrictions on e-cigarette advertisements. As e-cigarettes grow in popularity, major tobacco companies are vying for market share while using the valuable tools of television and radio before they are potentially removed from their reach. Advertising dollars spent on e-cigarettes have reached levels comparable to pre-1970’s spending as companies look to build brand loyalty and product recognition before regulations hit.
The article can be found here.