ASA Adjudication on Must Have Ltd.

A TV ad for e-cigarettes featured a woman running her hand over her thigh while discussing the feeling of touching, holding, feeling and tasting something great. The ad also contained the phrase, "quality assured since 2009."  Viewers challenged whether the ad was offensive because it sexualised e-cigarette use, whether it was suitable for broadcast before 9pm, and whether "quality assured" could be substantiated. The ASA found that the ad was advertised responsibly and that the quality statements were substantiated. Because of the level of sexuality in the ad, the ASA ruled that the ad should have been aired after 9pm to minimize the risk of children seeing it.

ASA Adjudication on Must Have Ltd., Complaint Ref: A14-267854 (2014).

  • United Kingdom
  • Sep 24, 2014
  • Advertising Standards Authority
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Parties

Plaintiff Unidentified complainants

Defendant Must Have Ltd t/a VIP Electronic Cigarettes

Legislation Cited

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 1.2 (Responsible Advertising)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.2 (Misleading Advertising)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.9 (Substantiation)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 32.3 (Scheduling)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 4.2 (Harm and Offense)

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"We noted that Clearcast had applied an 'ex-kids' restriction which meant the ad could not be shown in or adjacent to programmes commissioned for, principally directed at or likely to appeal particularly to children. We considered that the scheduling restriction applied would likely restrict younger children from seeing the ad. However, we were concerned that the degree of sexuality in the ad, while not overt, was also unsuitable for older children. We therefore concluded that, to minimise the risk of children seeing it, the ad should have been given a 9 pm timing restriction."