ASA Adjudication on Nicocigs Ltd. (A13-219974)

A print ad for e-cigarettes included the text “The Safer Smoking Alternative” and “Healthier.” The Advertising Standards Authority (ASA) evaluated whether the ad was misleading. In its defense, the company said that the ad appeared only once, that it would not be repeated in the future, and that they were working with a new advertising agency. Nevertheless, the ASA found the ad misleading because the claims in the ad could be understood to mean that e-cigarettes were less harmful than smoking. The ASA ordered the company not to claim that products were “safer” or “healthier” than smoking in the future without adequate evidence.


ASA Adjudication on Nicocigs Ltd, Complaint Ref: A13-219974 (2013).

  • United Kingdom
  • May 15, 2013
  • Advertising Standards Authority


Plaintiff Unidentified complainant

Defendant Nicocigs Ltd

Legislation Cited

Committee of Advertising Practice (CAP) Code, Rule 3.1 (Misleading Advertising)

Committee of Advertising Practice (CAP) Code, Rule 3.7 (Substantiation)

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Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product