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The impact on the sector

As he explains, the campaign, active on websites, social networks, television, radio and other media for two years, has led to the loss of numerous jobs and a 70% annual reduction in sales of basic kits, products to which smokers who decide to quit smoking for the first time usually go. Likewise, the organization points out that there was a drop of more than 30% in the sector’s turnover in the last four months of 2019, which has been aggravated during the pandemic purchase email database india.

UPEV estimates that 200 companies in the sector have disappeared as a result of the campaign and the pandemic
In this sense, the effects of institutional communication continue to cause damage to companies in the industry. During 2020, the independent vaping sector had a turnover of 50 million euros in our country, a figure that stood at 88 million euros in 2018. All this has contributed, as they allege, to job losses, currently standing at 2,500 people , compared to almost 4,500 three years ago; and the reduction of the business fabric, since of the 560 businesses that made up the industry in 2018, today only 360 remain.

In addition, from UPEV they assure that the number of adult users of vapers has fallen by almost 250,000 people (562,000 in 2018 compared to 317,000 in 2020), and estimates that approximately 100,000 of those people could have returned to the combustion cigarette after the campaigns of the Ministry.

However, beyond the quantitative data, the organization considers that the campaign attacks the reputation and prestige of the professionals and companies that make up the sector, mistakenly identifying their products with combustion tobacco. “Without a doubt, this produces a stigmatizing effect on vaping professionals without taking into account that the activity of vaping offers an effective way for smokers to quit smoking,” they argue.

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From the legal direction of the judicial process they conclude that the campaign manifestly violates the principle of veracity in the information disseminated with public funds and damages the rights and freedoms of the companies in the sector, causing them serious damages. “The public authorities cannot use the tools at their disposal to develop deceptive institutional campaigns based on erroneous criteria,” said Santiago Thomás de Carranza, Managing Partner of the Thomás de Carranza Abogados Law Firm. “The Administration has acted in this case in a manifestly irresponsible manner and the serious damage that this campaign is causing is being suffered by companies in the sector (mostly small and medium-sized companies).”

Thus, the UPEV requests the cessation and rectification of the campaign “The Tobacco Kills and Kills You In All Its Forms” based on the following reasons:

Lack of compliance with the legally established requirements to carry out the campaign
Infringement of the principle of truthfulness due to misleading advertising
Existence of a scientific basis that shows the lack of veracity of the institutional campaign
Infringement of the Institutional Advertising Law in: freedom of information. right to honor, freedom of business, right to health, right to protection and defense of consumers and users and principle of legality in the actions of the Public Administration
Infringement of article 3.2 of the LPCI, since it does not comply with the legal requirements of the same because there is no public interest and misuse of power is incurred socialposts

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