A print ad for e-cigarettes included the text “For Stoptober” (referencing an English tobacco cessation campaign). The Advertising Standards Authority (ASA) found that the ad violated the country’s advertising code because it implied that the product could be used for smoking cessation when it had not been licensed by the government for that purpose. The ASA ordered the company to ensure that its advertising does not imply that their product is suitable for smoking cessation or that it is associated with a stop smoking campaign.
Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.50 (Endorsements and testimonials)
Committee of Advertising Practice (CAP Code), Edition 12, Rules 12.1 and 12.11 (Medicines, medical devices, health related products and beauty products)
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.
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
"The ASA was concerned that, as the ad used the word “Stoptober”, consumers were likely to understand that the product was associated with or endorsed by the NHS campaign “Stoptober”, which we understood was not the case, and they were therefore likely to believe that the product was suitable for use as a smoking cessation device. We noted that most of the ad's content focused on quality, but because we considered the ad implied that consumers could use the product for smoking cessation and we understood that the product had not been licensed by the MHRA for that purpose, we concluded that the ad breached the Code in that regard."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A print ad for e-cigarettes included the text “For Stoptober” (referencing an English tobacco cessation campaign). The Advertising Standards Authority (ASA) found that the ad violated the country’s advertising code because it implied that the product could be used for smoking cessation when it had not been licensed by the government for that purpose. The ASA ordered the company to ensure that its advertising does not imply that their product is suitable for smoking cessation or that it is associated with a stop smoking campaign.