TOBACCO CONTROL LAWS

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. 

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

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

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)

Related Documents

None

Type of Litigation

Government Enforcement Action
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.
Enforcement Action by a Private Individual or Private Entity
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.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Consumer Protection Violation

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

E-cigarettes and other ENDS products
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.
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