A magazine ad for a t-shirt company featured a young girl holding a glass of wine and a cigarette with text saying “BE A COOL KID – Wear a CharGrilled T-Shirt.” The Advertising Standards Authority (ASA) found that the ad breached the country’s advertising code, which prohibits showing people to be drinking who are, or seem to be, under the age of 25. The ASA also found that the ad breached the code because the text “BE A COOL KID” along with the image of a child around nine or ten years old irresponsibly condoned drinking and smoking and suggested the drinking and smoking could lead to increased popularity. The t-shirt company withdrew the ad. The ASA told the company to ensure that future ads did not feature children appearing to smoke or drink alcohol and did not condone those practices
ASA Adjudication on CharGrilled Ltd, Complaint Ref: A14-264881 (2014).
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.
Type of Tobacco Product
None
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 considered that the girl featured in the ad appeared to be around nine or ten years old, in breach of the CAP Code which stated that people shown drinking or playing a significant role in ads that featured or referred to alcoholic drinks must neither be, nor seem to be, under the age of 25. ... [W]e were concerned that the use of the text "BE A COOL KID" to accompany an image of a young child apparently smoking and drinking alcohol irresponsibly condoned the actions of that child and suggested that drinking, and also smoking, could lead to increased popularity. We therefore concluded that the ad breached the Code."
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 magazine ad for a t-shirt company featured a young girl holding a glass of wine and a cigarette with text saying “BE A COOL KID – Wear a CharGrilled T-Shirt.” The Advertising Standards Authority (ASA) found that the ad breached the country’s advertising code, which prohibits showing people to be drinking who are, or seem to be, under the age of 25. The ASA also found that the ad breached the code because the text “BE A COOL KID” along with the image of a child around nine or ten years old irresponsibly condoned drinking and smoking and suggested the drinking and smoking could lead to increased popularity. The t-shirt company withdrew the ad. The ASA told the company to ensure that future ads did not feature children appearing to smoke or drink alcohol and did not condone those practices