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).
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.
Type of Tobacco Product
None
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 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."
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.
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.