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).
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.
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.
Electronic and/or battery-operated devices designed to deliver an inhaled dose of nicotine or other substances. Examples include electronic cigarettes (e-cigarettes), electronic cigars, electronic cigarillos, electronic hookah, vaporizers, and vape pens. ENDS does not include any device or medication approved by the government as nicotine replacement therapy.
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"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."
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.
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.