ASA Adjudication on Cygnet UK Trading Ltd

The Advertising Standards Authority (ASA) ruled that an ad for e-cigarettes did not violate the country’s Advertising Code because it was not likely to appeal to minors. The TV ad showed young adults dancing at a party. On-screen text stated “Contains nicotine. 18+ only.” The ASA found that, although the ad was directed at young adults, it would not appeal particularly to those under 18 years of age because of the generic nature of the party, music, and dancing. Additionally, the ASA noted that the ad was not shown in or around programs made for or specifically targeted at children. 

ASA Adjudication on Cygnet UK Trading Ltd, Complaint Ref: A14-275161 (2014).

  • United Kingdom
  • Oct 15, 2014
  • Advertising Standards Authority
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Parties

Plaintiff

  • 8 other unidentified complainants
  • A pharmacologist

Defendant Cygnet UK Trading Ltd t/a blu eCigs

Legislation Cited

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 1.2 (Responsible Advertising)

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"The ASA noted that advertisers could legitimately advertise e-cigarettes, provided that ads were responsible and compliant with the Code. We noted that the on-screen text clearly stated that the product contained nicotine and considered that in general, consumers over the age of 18 were able to exercise their own reasonable judgement about whether to purchase the product. We considered, however, that it would nonetheless be irresponsible to promote the product to viewers under 18, by having particular appeal to that age-group. The majority of the ad featured the preparation of a party set-up with young adults who appeared to be in their mid-twenties. We noted that no teenagers featured in the ad which we considered helped to reduce any likely appeal or incentive to purchase the product to that age group. Scenes toward the end of the ad featured adults engaged in a warehouse party which was one of congenial enjoyment, a usual feature of any type of party. We understood that the complainants' concerns were that such a situation may appeal to people under 18 years of age as it could reflect youth culture. We acknowledged that in some situations a party or club scene may be associated with youth culture. However, in this instance we considered that the scenes were not the main focus of the ad and because the environment and dancing style were quite generic in nature and the camera angles showed little clubbing type paraphernalia, we considered it was unlikely to appeal to those under 18 years of age. We noted that the music, while not quickly recognisable as current or associated with a popular artist did contain electro-type beats which may have had appeal to a young audience. Again we did not consider it was likely to appeal particularly to under 18s due to its generic nature. We accepted that while the ad was directed at young adults, we did not consider that it would appeal particularly to those under 18 years of age. We therefore concluded it was not irresponsible."