App rejected due to... Inappropriate content!

Hi everyone,


I recently finished to develop my first app, a calculator for e-liquids - liquids for electronic cigarettes.

Should anyone be interested, this is the FB landing page (FB will require you to be logged in in order to access the page)


Before starting the design, I carefully went through the App Store Review Guidelines to make sure my app would comply with them.

I also checked the Apple Store for similar apps, finding a few other e-liquid calculators - same purpose, different design.

Having made sure that my app comply with the guidelines and meets the originality requisites and reassured by the fact that e-liquids calculators are already on the store I went ahead with the development.



Three months later I submitted my app and with my great surprise it was rejected because not complying with the Store Guidelines and particularly:


2.18 - Apps that encourage excessive consumption of alcohol or illegal substances, or encourage minors to consume alcohol or smoke cigarettes, will be rejected


Genuinely thinking this was a misunderstanding, I started an appeal process, explaining that:

- As for "encourage minors to consume alcohol or smoke cigarettes"

The app is rated +17 - also, in the app Terms and Conditions, it states that you need to be of legal age in order to use it. So, no minors involved here.



- As for "encourage excessive consumption of alcohol or illegal substances"

My app is clearly in a different place all together: all the substances required to mix e-liquids are legally sold in UK, EU and US - and possibly worldwide.

No alcohol is involved, at all. Not encouragement to consume illegal substances - and, for what matters - not even legal substances (it is just a calculator to find out the right proportions of different ingredients, it doesn’t encourage anyone to do anything).


After a few mails, I eventually managed to speak with a Reviewer, feeling rather confident I’d be able to clarify the matter over the phone.


The telephone meeting...

With my great disbelief I was told that everything involving e-cigarettes is not acceptable according to the store policy, again on the basis of the aforementioned 2.18


When I stressed that 2.18 doesn't say anything of this kind and that e-cigarettes are not even mentioned in 2.18, the Reviewer replied that Apple can't take into consideration every possible scenario in the guidelines but still there is no way their Policy would allow to publish my app.

I then stressed that a rule should be as generic and abstract as possible in order to cover for a variety of different scenarios (rely on abstractions not on concretions, right?).

It also appears clear to me that the "spirit" of the 2.18 is related to abuse of regulated substances (such as alcohol) and use of illegal substances, where the key word for legal substances is the "abuse" and "encouragement" - and I still don't get how an e-cigarette calculator falls into this scenario.


Anyway, after the Reviewer repeated for the third time that their Policy would not allow etc. regardless to what is written in the Review Guidelines I eventually mentioned that similar apps are actually sold on the store right now... and I also provided the links in advance, before the telephone meeting.

So I enquired in what way my app was different from the ones that are already on the store.

At which the Reviewer replied that she didn't check these links (ok, thanks for taking your time to prepare our telephone meeting) but that I should feel free to report such apps officially and they will be taken down if not complying with the Store policy ⚠

I found myself wondering how these apps have been approved in first place... Better don't ask.


Bottom line, the rejection has been confirmed over the phone.

I closed the "meeting" clarifying that I don't object to the fact that e-cigarettes-related topics should be considered inappropriate - it is up to Apple to decide what goes on the store, I have no problem with that.

I just reject the idea that the guidelines can be interpreted in such a way that you don't have a reliable reference to check whether your work will be accepted until you get to the end of the process and submit your app.


Eventually, I asked and received a final written feedback.


My app was rejected on the basis of 2.18. I report the comment of the Appeal Reviewer:


"Your app appears to promote inappropriate uses of controlled substance(s) with references such as vaping and e-cigarettes.

Specifically, the app includes a nicotine calculator and vaping recipes, which are not appropriate."



This is my first app, so maybe I am being naive, but I feel that referring to an undisclosed policy (not available to the developers community) or adopting such an "open" interpretation of the available guidelines in order to arbitrary reject someone's work shows very little consideration for the developers, their time and their money.


I am aware of the disclaimer that is published at the beginning of the guidelines:

• "We will reject Apps for any content or behavior that we believe is over the line. What line, you ask? Well, as a Supreme Court Justice once said, "I'll know it when I see it". And we think that you will also know it when you cross it.


Sorry Apple, I didn't realize I crossed that line, in all honesty.

And yes, the fact that I need to accept the above disclaimer in order to be able to publish on the Store, doesn’t make it any fairer IMO. You are simply saying that you reseve the right to reject an app on the basis of your (uncommunicated and ever evolving) idea of appropriateness.


Sorry for the bitter tone of this post, I hope it didn't sound disrespectful to the Reviewers community, which I'm sure take their job seriously and do the best to professionally analyze all the submissions.


My point is, if a reliable and up to date set of guidelines had been available in first place I would have avoided wasting three months of my life developing an app that will never make it to the Store.


Am I being naive or biased? Am I missing something?


Peace,


Alex

>I found myself wondering how these apps have been approved in first place...


That's simple. Different reviewer. Or... they wern't so picky about vaping in the past, until crowd noise got their attention, and now they look closer.



I find it's always best to be 'first in' (invent a new space)...once the field gets crowded, everything involved is just that much more difficult.


As for wanting clear(er) guidelines - Apple likes to be able to interpret them on their own terms. Nailing them down would just devolve into he/she said later, turning appeals into debates. They don't have time to be that generous and any flexibility is reserved for themselves. Ask us how it was in the past, before there were any guidelines at all.

In all honesty, e-cigarettes are NOT good for you unless you're using them temporarily to stop smoking altogether. They're also bad for the people who have to inhale your secondhand nicotine. They should be banned everywhere regular cigarettes are banned. So Apple was right in not approving this app.

Mmm... as a vaper I've done my research and I have to say that I don't agree with you.

I admit that the impact of e-cig on health is still an extremely controversial topic but, really, this is not the point of my post.

Vaping apps have been accepted in the past .

If Apple all of a sudden decides that vaping is not an apporpriate topic anymore it should simply communicate it in the guidelines so that you don't invest time and money to develop an app that you know for sure it is going to be rejected.

Please note that the principle "is not good for your health" doesn't work here: there are zillions of apps related to products that are NOT good for you: ******** recipes, just to give you an example. You would expect them to be rejected on the basis of 2.18 (where alcohol is explicitely mentioned) but they are not.

What we may expect has no bearing on what app review may or may not accept/reject.


As well, there are no apps in the store that are any promise of how your app will be evaluated, despite there being 'zillions' of them in evidence.

The guideline is pretty clear: • 2.18 - Apps that....encourage minors to.....smoke cigarettes, will be rejected You now realize that 'encourage' is interpreted to include your calculator and that 'cigarettes' is interpreted to include e-cigarettes. Your only hope is 'minors'. Using the 17+ restriction you almost got there. You need to add a '21+' gateway to get around 2.18. Perhaps other apps can give you some ideas. By the way, repeat your 'research'. Using e-cigarettes will affect your lifespan. Nicotine is a dangerous drug as demonstrated by the FDA submission of the nicotine transdermal patch.

>The guideline is pretty clear: • 2.18


Except for what's already in the store, so boots on the ground and good/bad/otherwise, it's not clear at all in that example. That's the OP's issue, apparently, and (lectures on the evils asiide) pointing to tone-deaf boiler plate just keeps that round-and-round the-same-old-tree we go issue alive 😉. Please help to make it die, thanks. What can we do to help the OP understand that app review does what app review does and this fight is over?

Hello alex,


im facing the same issue for a month now. Apple will reject all vaping applications due to their new unpublished policies.

I paid a developer licence to make my App on the Apple store and i cant publish it, so ironic when you cannot read anywhere that ecigarette apps are forbidden.


The guideline point for me is 1.4.3


"Am I being naive or biased? Am I missing something?"


Biased for sure as you cannot read between lines, or cannot understand hidden policies. You have to bend to Appreview Team bad faith.


Im asking a refund but rules are clear on this side, no refund at all. Well can we agree with a two tier system ?


Clay pot and the iron pot.

Hi,


Did you get anywhere with the discussions with Apple?

You are missing the reasonable connection between "tobacco products" and "e-cigarettes"


1.4.3 Apps that encourage consumption of tobacco products...are not permitted....Apps that encourage minors to consume any of these substances will be rejected.

The guideline 1.4.3 clearly indicated :

"1.4.3 Apps should not encourage illegal or excessive consumption of drugs or alcohol; or encourage minors to consume drugs, alcohol, or tobacco; and facilitating the sale of marijuana isn’t allowed. "


@PBK : i didnt miss the connection you're mentioning since the guidelines have been updated.

When i subscribed to those rules, you cannot make that kind of connection since tobacco is only mentioned for minors and splited from drugs. Look at the previous sentence, tobacco is not mentioned. So what can you deduce ?

Thats why im still thinking that it was cheating on my new subscription.


@dblondon : No i didn't. I spoke to several apple teams member in my language with no success. It's the first time ive been facing so much bad faith. And no refund possible even if they could apply undisclosed policies that developpers cannot be aware of. End of story, Iron pot wins without style.

So here are the facts. The federal regulation cited here (remove the spaces):


https: // www.federalregister.gov/documents /2016/05/10/2016-10685/deeming-tobacco-products-to-be-subject-to-the-federal-food-drug-and-cosmetic-act-as-amended-by-the


references e-cigarettes as covered by these regulations thereby including them as 'tobaco products'. It is therefore reasonable to include them as 'tobacco products' under the guideline:

1.4.3 Apps that encourage consumption of tobacco products..... are not permitted on the App Store....



You wrote:

>The guideline 1.4.3 clearly indicated : "1.4.3 Apps should not encourage illegal or excessive consumption of drugs or alcohol; or encourage minors to consume drugs, alcohol, or tobacco; and facilitating the sale of marijuana isn’t allowed. "....Look at the previous sentence, tobacco is not mentioned. So what can you deduce ?

Predalpha, with all due respect, this is a misquote of the current guideline.

(EDIT - It is quoting from the comic book version!)

You ask, what do I deduce? I won't answer.

No worries, i wrote indicated, not indicates...

I was referencing that topic for the previous rules (when the topic was created and when i first answered to it), not the new rules which are now very clear and understandable.


Moreover i have never complained about the fact that ecigarettes are assimilated to tobacco products, you are off topic.


"1.4.3 Apps should not encourage illegal or excessive consumption of drugs or alcohol; or encourage minors to consume drugs, alcohol, or tobacco; and facilitating the sale of marijuana isn’t allowed. "

That was the previous rule we re discussing here. And sorry i dont really understand 'comic book' and dont want to be irrespectfull.

What i quote came from Apple website guidelines before the 1.4.3 updates. If you disagree, ask apple or google 'Apple Rejects Vaping Planet of the vape'.


Probably you could be in a better position to deduce something with the current topic and the rule that were applying ?

>Probably you could be in a better position to deduce something with the current topic and the rule that were (sic) applying ?


From the current guidelines:

"This is a living document; new apps presenting new questions may result in new rules at any time. Perhaps your app will trigger this."


The comic version is here:

https: // devimages.apple.com.edgekey.net/app-store/review/guidelines/App-Review-Guidelines-The-Comic-Book.pdf

@PBK : We all agree that guidelines can evolve but this is again off topic.


By the way, thank you for that link, i didnt know there were a comic book.


My quote didnt come from this comic book. You can have the guidelines history here -> http: // www.appstorereviewguidelineshistory .com


For 6 months (december 2016 to may 2017) some developpers have subscribed an Apple account with 1.4.3 point as i mentionned.This point was undisclosely deprecated thats why some developpers thought they were abused. As you can read tobacco relative products were not forbidden by Apple.

So some developpers spend time and money making vaping applications complying to the guidelines they have subscribed while Apple will massively reject them.


Thats not really smart for a big company to act like this. In real life all contractors have to respect agreement rules, not only the weakest ones. A contractor cannot hold a position with a forthcoming rule some parties cannot be aware of when they subscribed to them. Else there is no need to publish guidelines if parties can act on their goodwill.


Point 1.4.3 has been updated on June 08, 2017, the day you have decided to reopen that topic.

Then you've debunked my posts telling me that i was missing the reasonnable connection between "tobacco products" and "e-cigarettes" or what im quoting is coming from a comic book... never answering on the substance but always finding workarounds.



"1.4.3 Apps should not encourage illegal or excessive consumption of drugs or alcohol; or encourage minors to consume drugs, alcohol, or tobacco; and facilitating the sale of marijuana isn’t allowed. "

Can we agree that this was the previous 1.4.3 rule ? The rule i was mentioning in this topic on May 16, 2017

Is that rule indicates that all e-cigarette applications are forbidden ?

Yes, I see that the guidelines have changed. It used to be that tobacco restrictions applied only to not 'encourage minors' but they expanded that on June 8th to 'not encourage'. I assume your app had some way of excluding 'minors' so it fit into the older guidelines.


So sorry that your efforts were wasted. Yes, you should certainly ask for your money back. Good luck.


My objection to your post involved your implying a difference between e-cigarettes and tobacco consumption - which as you may know is a significant point of contention. I now understand that you never meant to suggest they were different. When I posted the guidelines stated encouraging tobacco use was not allowed. But even before that, when you posted ".... so ironic when you cannot read anywhere that ecigarette apps are forbidden" guideline 1.4.3 stated: "Apps should not ....encourage minors to consume ...... tobacco".

App rejected due to... Inappropriate content!
 
 
Q