TOBACCO CONTROL LAWS

ASA Adjudication on Gallaher Ltd. (A13-228477)

A tobacco company ad included an email from the UK Department of Health saying that “there isn’t any hard evidence” to show that plain packaging of tobacco products is effective. Below the email the ad stated: “WE COULDN’T HAVE PUT IT BETTER OURSELVES” followed by the name of the tobacco company. The Advertising Standards Authority (ASA) found the ad was misleading. The ASA ruled that the ad implied that no real evidence existed to support the introduction of plain packaging at the time the ad appeared in 2013; however, the email was written in 2011. The ASA noted that because evidence did exist to support the introduction of plain packaging in 2013 the ad was likely to mislead. The ASA ordered the company that the ad must not appear in current form again.

ASA Adjudication on Gallaher Ltd, Complaint Ref: A13-228477 (2014).

  • United Kingdom
  • Jul 30, 2014
  • Advertising Standards Authority
View Case History Download Document

Parties

Plaintiff

  • ASH
  • Cancer Research UK
  • UK Centre for Tobacco Control Studies
  • Unidentified complainants

Defendant Gallaher Ltd

Legislation Cited

Committee of Advertising Practice (CAP) Code, Edition 12, Rule 21.1 (Tobacco, rolling papers and filters)

Committee of Advertising Practice (CAP) Code, Edition 12, Rules 3.1 and 3.3 (Misleading advertising)

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

Packaging and Labeling Measures
Measures to regulate the marketing on tobacco packages. This includes both bans on false, misleading, deceptive packaging, as well as required health warnings on packaging. (See FCTC Art. 11)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

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

"Because we considered the ad implied that no real evidence existed to support the introduction of plain packaging at the time the ad appeared and because we understood that such evidence existed to support the introduction of plain packaging, we considered the presentation of the ad was likely to mislead."
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