A bus shelter ad for e-cigarettes contained the text “LOVE YOUR LUNGS.” In response to a complaint, the Advertising Standards Authority (ASA) investigated the ad and determined that the claim “LOVE YOUR LUNGS” had not been substantiated and was misleading. The ASA found that the ad could be interpreted to mean that the e-cigarettes are not harmful or that users experience improved lung health if they used the company’s product. The ASA also found that the claim could be interpreted to mean that the e-cigarettes are less harmful than traditional cigarettes. The ASA ordered the company not to repeat the statement or to make any claims that their products are not harmful or are beneficial to the health of users’ lungs unless they have sufficient evidence to substantiate such a claim.
ASA Adjudication on E&L Distribution Ltd, Complaint Ref: A14-266193 (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 noted that the ad did not make any reference to or comparison with traditional tobacco cigarettes or explicitly make any claims relating to the resulting health benefits of using Leolites products. However, we considered that consumers who were looking to purchase e-cigarettes were likely to consider the products' impact on health when making a decision to make such a purchase. We also considered that potential customers who were existing smokers were likely to consider the effects of using e-cigarettes in comparison with the known harmful effects of traditional cigarettes on health.
Within the context of the ad, we considered that consumers, particularly those who were existing smokers, were likely to interpret the claim "Love Your Lungs" as meaning that Leolites e-cigarettes contained properties that were not harmful to their lungs or that they would experience an improvement in the health of their lungs if they used Leolites products.
We also considered that the claim could also be interpreted to mean that consumers should "love their lungs" by switching from traditional cigarettes, or, given the inclusion of the phrase "E-cigarettes have evolved", from other brands of e-cigarettes to Leolites products. The wording of the ad suggested a comparison between using Leolites products and traditional cigarettes or other brands of e-cigarettes, that implied Leolites products were less harmful to users' lungs.
We noted that we had not seen any evidence to demonstrate that Leolites products were beneficial to the health of users' lungs or that the products were less harmful than traditional cigarettes or other brands of e-cigarettes, as implied in the ad. On this basis, we considered the claim "Love Your Lungs" had not been substantiated and concluded the ad 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.
A bus shelter ad for e-cigarettes contained the text “LOVE YOUR LUNGS.” In response to a complaint, the Advertising Standards Authority (ASA) investigated the ad and determined that the claim “LOVE YOUR LUNGS” had not been substantiated and was misleading. The ASA found that the ad could be interpreted to mean that the e-cigarettes are not harmful or that users experience improved lung health if they used the company’s product. The ASA also found that the claim could be interpreted to mean that the e-cigarettes are less harmful than traditional cigarettes. The ASA ordered the company not to repeat the statement or to make any claims that their products are not harmful or are beneficial to the health of users’ lungs unless they have sufficient evidence to substantiate such a claim.