A print ad for e-cigarettes included images of the package alongside text that stated “A BIG DEAL FOR SMOKERS.” In response to a complaint, the Advertising Standards Authority (ASA) investigated whether the ad was irresponsible because it encouraged non-smokers smokers to take up smoking. The ASA found that the ad did not violate the country’s advertising code because it targeted existing smokers and was clearly for a non-tobacco product. Therefore, the ASA concluded that the ad was unlikely to encourage tobacco smoking among non-smokers.
ASA Adjudication on CN Creative Ltd, Complaint Ref: A13-243944 (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.
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 noted that nicotine-containing e-cigarettes could be sold legally in the UK, were not a prohibited category under the CAP Code, and were therefore permitted to be advertised, within the confines of the CAP Code.
We noted that the ad was headlined "A BIG DEAL FOR SMOKERS" and considered that clearly addressed the ad at current smokers. We also considered that the ad made clear that the ad was for an e-cigarette and that it therefore disassociated the product from a traditional tobacco cigarette. ... Because we considered that the ad targeted those who already smoked and was clearly for a nontobacco product, we concluded that it was unlikely to encourage tobacco smoking amongst non-smokers."
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 images of the package alongside text that stated “A BIG DEAL FOR SMOKERS.” In response to a complaint, the Advertising Standards Authority (ASA) investigated whether the ad was irresponsible because it encouraged non-smokers smokers to take up smoking. The ASA found that the ad did not violate the country’s advertising code because it targeted existing smokers and was clearly for a non-tobacco product. Therefore, the ASA concluded that the ad was unlikely to encourage tobacco smoking among non-smokers.