An ad for e-cigarettes stated: “a safer . . . alternative to smoking” and “help your loved ones change their life this Christmas.” The ad featured a woman wearing a Santa hat. The Advertising Standards Authority (ASA) concluded that the claim “a safer . . . alternative to smoking” had not been substantiated and was misleading because the company had not provided evidence showing that their own e-cigarettes were less harmful than traditional cigarettes. The ASA also found that ad implied that e-cigarettes could be used as a smoking cessation device but that these particular e-cigarettes had not been licensed by the government for this purpose and was likely to mislead. The ASA found that the ad was not likely to appeal to children given that it was common for ads to contain references to Christmas during that time of year and the model in the ad was over 18 years old. The ASA ordered the ad not to appear again in its current form.
ASA Adjudication on E-Cigilicious, Complaint Ref: A13-252279 (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.
"We acknowledged that the studies and literature referenced by E-Cigilicious in their response suggested that e-cigarettes in general could be a safer alternative to traditional cigarettes. However, we had not been provided with sufficient robust evidence to substantiate the claims that E-Cigilicious' own e-cigarettes were less harmful than traditional cigarettes. Furthermore, E-Cigilicious had not provided documentary evidence from MHRA specifically related to their own products in support of their claim. We noted that CAP Code required any medicinal product, for which medical claims were made, must have been licensed by the MHRA.
We concluded that the claim E-Cigilicious e-cigarettes were safer alternative to smoking had not been substantiated and was misleading."
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.
An ad for e-cigarettes stated: “a safer . . . alternative to smoking” and “help your loved ones change their life this Christmas.” The ad featured a woman wearing a Santa hat. The Advertising Standards Authority (ASA) concluded that the claim “a safer . . . alternative to smoking” had not been substantiated and was misleading because the company had not provided evidence showing that their own e-cigarettes were less harmful than traditional cigarettes. The ASA also found that ad implied that e-cigarettes could be used as a smoking cessation device but that these particular e-cigarettes had not been licensed by the government for this purpose and was likely to mislead. The ASA found that the ad was not likely to appeal to children given that it was common for ads to contain references to Christmas during that time of year and the model in the ad was over 18 years old. The ASA ordered the ad not to appear again in its current form.