ASA Adjudication on E&L Distributors

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).

  • United Kingdom
  • Aug 13, 2014
  • Advertising Standards Authority
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Parties

Plaintiff Unidentified complainant

Defendant E&L Distribution LTD t/a LeoLites

Legislation Cited

Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.7 (Substantiation)

Committee of Advertising Practice (CAP) Code, Edition 12, Rule 3.1 (Misleading advertising)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"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."