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).
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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 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."
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 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.