ASA Adjudication on Imperial Tobacco Ltd

The Advertising Standards Authority (ASA) reviewed an ad for “Smoke Spots,” a smartphone app and website that helps users find places to smoke. Based on the language in the ad and a link to a video that featured several people smoking, the ASA found that the ad was harmful and irresponsible and that it presented smoking in a positive light.  Five other challenges to the ad were not upheld. The ASA ordered the company not to use the ad again in its current form and to ensure that future ads do not condone or encourage any unsafe practice.

ASA Adjudication on Imperial Tobacco Ltd, Complaint Ref: A14-272212 (2014).

  • United Kingdom
  • Nov 12, 2014
  • Advertising Standards Authority
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Parties

Plaintiff

  • 8 members of the public
  • Cancer Research UK

Defendant

  • Fast Web Media Ltd
  • Imperial Tobacco Ltd t/a Smoke Spots
  • Smoke Spots

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, Rule 4.5 (Harm and offence)

Committee of Advertising Practice (CAP) Code, Edition 12, Rule 1.3 (Responsible advertising)

Committee of Advertising Practice (CAP) Code, Rule 3.5 (Misleading advertising)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

None

"We noted the ads neither explicitly encouraged non-smokers to start smoking nor existing smokers to continue, and acknowledged that tobacco was a legally available product. We also acknowledged that some consumers might find the service distasteful but, again, understood it was legally available and noted there were no specific restrictions on the advertising of such services. However, we noted that ad (a) included the text "Smoke Spots The Smoker's Social Home You choose where you drink, why not where you smoke? Find the best spots to smoke by location or event …". Ad (b) included text such as "Smoke Spots lets you chat with other smokers about where you can comfortably smoke whilst you're out … We've also got our pub database where you can conveniently search and find smoker friendly spots near you. Are you looking for a bar in Camden that has a covered smoking section? No problem! … how nice it is when you can smoke in a comfortable smoke spot!". In addition, it included a link to a video which featured several people smoking. We considered such elements presented smoking in a positive light and that the overall impression of the ads was that they normalised and condoned smoking, which was an unsafe practice. We therefore concluded that they were harmful and irresponsible on that point."