Smoke-Free Alternatives Trade Association Member Code of RESPONSIBLE CONDUCT

 

Vapor Product Advertising, Marketing,

Packaging, Sales, Distribution,

Transportation, and Disposal

OUR MISSION

 

Founded in 2012, the Smoke-Free Alternatives Trade Association (SFATA) is the leading and largest trade association in the vapor products industry. Our mission and Code of Responsible Conduct are intended to responsibly and appropriately maintain safer access to nicotine in the form of vapor products for adult smokers and nicotine consumers of legal age.

 

SFATA members commit to The Code of Responsible Conduct (“Code”) by promoting responsible Advertising, Marketing, Packaging, Sales, Transportation, Distribution, and Disposal according to the guidelines presented in this Code and agree to hold themselves to a higher standard than required. The Association provides guidance regarding compliance with the Code to all members involved in the promotion of their respective brands.

 

 

Scope                                                                 

 

The Code of Responsible Conduct applies to all activities required to advertise, market, package, sell, transport, and dispose of vapor products, including product advertising, consumer communications, promotional events, packaging, labels, sales collateral, transportation, disposal, and distribution.

 

The Code applies to:

 

• All print and electronic media, including the Internet and any other online communications, including social media, used to advertise or market vapor products.
• Every type of promotional or marketing activity or event, including all product placements (e.g., movies, television programs, music videos, video games), and sponsorships.
• Sponsorships are commercial, contractual agreements between a vapor company (the sponsor) and a sponsored party or sponsorship property to support an event, activity, person, or organization financially or through the provision of products or services. A sponsor is the individual or group that provides the support, like a benefactor.

 

SFATA members understand it is not possible to address every eventuality and, therefore, agree to observe the spirit, as well as the letter, of the Code of Responsible Conduct.

 

Questions about the interpretation of the Code, member companies' compliance with the Code, and the application of its provisions should be directed to SFATA’s Board of Directors.

 

 

Advertising

No Health, Safety, or Cessation Claims - While vapor products have the potential to positively impact the public health hazards caused by combustible tobacco cigarettes, SFATA members do not make implicit or explicit health, safety, therapeutic, curative, or cessation claims about the products they sell. We further do not publish customer testimonials claiming benefits achieved through vaping on our websites or on any other marketing media, whether in digital, print, or aural form. Such claims would grant FDA jurisdiction over the product as a pharmaceutical product.

 

Members must list any nicotine or other package warnings required by local, state, and federal law.

 

Follow Federal CAN-SPAM, endorsement, and telemarketing laws. https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

 

 

Marketing

 

Under the law, claims in advertisements must be truthful, cannot be deceptive or unfair, and must be evidence-based, except for cessation or health claims as per FDA guidelines as noted above.

 

SFATA members do not market to minors.

 

Prohibit the use of “child-friendly” or “childish” marketing images, names, practices, or ads such as superheroes, cartoon characters, babies, toys, candy, or otherwise, that might appeal to underage persons.

 

Prohibit the use of others’ intellectual property without express permission.

 

Products will not be marketed as a “coming of age” product or ritual.

 

 

Ensure business name, address, and contact information are on all finished products or inserts and websites.

 

Follow Federal CAN-SPAM, endorsement, and telemarketing laws. https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

 

Prohibit the sponsorship of events for youth specifically or where an event would be a mix of those under the lawful legal age to vape and over.

 

 

Deceptive or Derogatory Marketing

 

SFATA members agree to maintain reasonable standards in their marketing and not engage in marketing or advertising that would be considered deceptive or defamatory or create a negative impression of the vapor industry.

 

 

Packaging

 

Commitment to not advertise, label, market, sell, or manufacture products that do not meet federal packaging regulations and child-resistant packaging requirements.

 

Members agree to adhere to guidelines based on the Poison Prevention Packaging Act of 1970 (PPPA) administered by the Consumer Protection Safety Commission or meet 16 CFR § 1700.20 requirements and test methods for re-closable packages designated as resistant to opening by children with restrictive flow. (General Certificate of Compliance).

 

https://www.ecfr.gov/current/title-16/chapter-II/subchapter-E/part-1700/section-1700.20

 

List all ingredients on finished product packaging/product insert(s) as required by law.

Ensure business name, address, and contact information are on all finished products or inserts and websites.

 

Follow federal packaging requirements as required by the FDA as authorized by Section 906(d) of the FD&C Act, 21 U.S.C. 387f(d) (https://www.gpo.gov/fdsys/pkg/USCODE-2017-title21/html/USCODE-2017-title21-chap9-subchapIX-sec387.htm)

 

 

Sales

 

Age Verification Policy for Online and Face-To-Face Purchases.

 

SFATA members do not sell to purchasers under the legal age within or outside of their state.

 

For online sales, age verification at checkout is executed by a 3rd party and in compliance with any applicable local, state, or federal laws or regulations.

 

Age verification before completion of face-to-face transactions as required by local, state, and federal law.

 

Members are strongly encouraged to participate in the Intellicheck Age ID Program in Partnership with SFATA.

 

Members are strongly encouraged to participate in the WeCard Program in partnership with SFATA.

 

 

Transportation and Distribution

Compliance with US Dept. of Transportation and IATA (International Air Transport Association) rules regarding the packaging of devices containing lithium batteries and/or other hazardous materials.

Disposal

 

Follow Environmental Protection Agency (EPA) guidelines and any other state and local laws for the proper disposal of universal and hazardous waste.

 

 

Code Review Process

 

The SFATA Board will consider complaints lodged by SFATA members or other interested parties, including members of the public.

 

As Amended and Adopted by the Board on 9.14.23