How to regulate the advertising of electronic cigarettes? The CSA has officially enter the Minister of Health to find out where to smoke this palliative device : is it a cigarette or is it a drug ? The expected answer is television and radio , but could have an impact on the websites .
The Plenary Assembly of CSA met in January to describe how the electronic cigarette. The information was officially announced last week by the Higher Audiovisual Council , which is Constable advertising on radio and television antennas .
" The Council noted , in recent weeks , the dissemination of advertising messages that promote electronic cigarettes on the antennae of certain services of radio and television . He decided to ask the Minister of Health , who announced the imminent adoption of a circular on the subject, on several points. "
Electronic cigarette, cigarette or quasi real medicine ?
Specifically, the CSA wants to know if the electronic cigarette constitutes " publicity or propaganda, direct or indirect , of tobacco , tobacco products ." In such a framework , in fact, that piece of plastic meant to replace real cigarette fall under the scope of Article L. 3511-1 of the Public Health Code , which define what legally tobacco.
This is supported by another provision, the L3511 -4 always the Code of Public Health which prohibits " propaganda or advertising for an organization , service , activity , product or an article other than tobacco (...) when, for its graphics , presentation, use of a trademark,kanger clearomizer advertising emblem or other distinctive sign, it reminds tobacco . " Clearly, advertising of tobacco products is prohibited and is incurring its author sentenced to a fine of € 100,000 , or 50% of total spending on communication operations .
Conversely if it is not treated as tobacco , request the CSA , the electronic cigarette can be regarded as a medicine? For the Code of Public Health , again, are " regarded as medicinal products presented as suppressing the urge to smoke or reducing tobacco addiction effect. " . In such a setting , regulations remain strict as these products are including through prior authorization by the National Security Agency of Medicines and Health Products authorization.
Smokers thoughts CSA gallop over hot coals because even wonder how to describe nicotine used by these electronic devices.
A promised but not yet published circular
Curls of the response of the Minister of Health are eagerly awaited by professionals who invest online. While these pubs are not regulated by principle and yet by the CSA but the issue raised by it necessarily will impact the propaganda on the internet since the above rules also apply to announcements made by the sites.
Recall that in May 2013, the Minister of Health Marisol Touraine had supported France Info radio that " the electronic cigarette is not an ordinary product and we must apply the same measures as those which are now applied to the tobacco . Ie to ensure that it can not be smoked (...) in a public place , its sale is prohibited to minors (...) and there is no possibility of advertising . "
During the debates on the bill on consumption, which has just raised the ban on selling these cigarettes " simulate the act of smoking " to minors (Article 36), the Minister had assured via a new release will prohibit the advertising ban " applies now , and without new provision ." However, she promised that "a circular explaining how this ban will be published in the coming days ." Problem, while Justice became interested in the subject, never the circular was published as already noted the Huffingtonpost.fr last October. Asked by our colleagues , the pulmonologist Bertrand Dautzenberg , president of the French Office for the Prevention explained the delay : "The e-cigarette does not exist in French law. However, a circular is an interpretation of existing law. The circular was never released because the department wants to give all means that the text is legally unassailable . "
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