TOBACCO CONTROL LAWS

ASA Adjudication on Department of Health

An ad for the National Health Service smoke-free campaign claimed that “every 15 cigarettes you smoke will cause a mutation,” which is how cancer starts. In response to a number of complaints, the Advertising Standards Authority (ASA) investigated the claim and found that it was backed by scientific evidence and was not likely to be misleading. Therefore, the ASA found that the ad did not violate the country’s advertising code. 

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ASA Adjudication on Department of Health, Complaint Ref: A13-218177 (2014).

  • United Kingdom
  • Jul 30, 2014
  • Advertising Standards Authority

Parties

Plaintiff

  • Forest (The Freedom Organisation For The Right To Enjoy Smoking Tobacco Ltd.)
  • Unidentified complainants

Defendant Department of Health t/a NHS

Legislation Cited

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.1 (Misleading advertising)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.9 (Substantiation)

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)
Cessation
Measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. (See FCTC Art. 14)

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.

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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