An advertisement and website for e-cigarettes showed a hand dressed like Santa and claimed that the product is “recommended by Santa and pharmacies nationwide” and is “a harm reduction alternative to smoking.” The Advertising Standards Authority (ASA) found that the claims “recommended by . . . pharmacies nationwide” and “a harm reduction alternative to smoking” were misleading and not supported by evidence. Although e-cigarettes are sold in a majority of pharmacies, the ad suggested that their products were endorsed or promoted by pharmacies, and the ASA had not seen evidence to support this claim. The ASA also ruled that the reference to Santa was not irresponsible because the ads were not primarily targeted at children and merely depicted Santa’s hand. The ASA ordered that the ads must not appear again in their current form and the company’s future advertising must not include the disputed claims unless substantiated with robust evidence.
Government, through its agencies and officials including prosecutors, may seek to enforce its health laws. For example, the government may revoke the license of a retailer that sells tobacco products to minors. These cases may also directly involve the tobacco industry, for example, a government might impound and destroy improperly labeled cigarette packs.
Some jurisdictions allow an individual or organization to initiate an action against another private party who is not following a particular law. For example, a person may sue a restaurant that allows smoking despite a smoke free law. If the plaintiff is claiming the violation of the law caused physical harm, this may also be a personal injury case.
Any violation of a law designed to ensure fair trade, competition, or the free flow of truthful information in the marketplace. For example, a government may require businesses to disclose detailed information about products—particularly in areas where safety or public health is an issue.
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
An advertisement and website for e-cigarettes showed a hand dressed like Santa and claimed that the product is “recommended by Santa and pharmacies nationwide” and is “a harm reduction alternative to smoking.” The Advertising Standards Authority (ASA) found that the claims “recommended by . . . pharmacies nationwide” and “a harm reduction alternative to smoking” were misleading and not supported by evidence. Although e-cigarettes are sold in a majority of pharmacies, the ad suggested that their products were endorsed or promoted by pharmacies, and the ASA had not seen evidence to support this claim. The ASA also ruled that the reference to Santa was not irresponsible because the ads were not primarily targeted at children and merely depicted Santa’s hand. The ASA ordered that the ads must not appear again in their current form and the company’s future advertising must not include the disputed claims unless substantiated with robust evidence.