A bus shelter ad for e-cigarettes contained the text “LOVE YOUR LUNGS.” In response to a complaint, the Advertising Standards Authority (ASA) investigated the ad and determined that the claim “LOVE YOUR LUNGS” had not been substantiated and was misleading. The ASA found that the ad could be interpreted to mean that the e-cigarettes are not harmful or that users experience improved lung health if they used the company’s product. The ASA also found that the claim could be interpreted to mean that the e-cigarettes are less harmful than traditional cigarettes. The ASA ordered the company not to repeat the statement or to make any claims that their products are not harmful or are beneficial to the health of users’ lungs unless they have sufficient evidence to substantiate such a claim.
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.
A bus shelter ad for e-cigarettes contained the text “LOVE YOUR LUNGS.” In response to a complaint, the Advertising Standards Authority (ASA) investigated the ad and determined that the claim “LOVE YOUR LUNGS” had not been substantiated and was misleading. The ASA found that the ad could be interpreted to mean that the e-cigarettes are not harmful or that users experience improved lung health if they used the company’s product. The ASA also found that the claim could be interpreted to mean that the e-cigarettes are less harmful than traditional cigarettes. The ASA ordered the company not to repeat the statement or to make any claims that their products are not harmful or are beneficial to the health of users’ lungs unless they have sufficient evidence to substantiate such a claim.