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

Parties

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)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"[W]e considered the claims "THE SAFER SMOKING ALTERNATIVE" and "HEALTHIER No tobacco, tar or carbon monoxide" were nevertheless likely to be understood to mean the product was less harmful than smoking, if not that it was not harmful. We noted Nicocigs did not submit evidence in support of the current claims, but that they had done so in a previous ASA investigation into an ad that included claims that the product was not harmful. ... For the reasons given, we considered the claims in the current ad had also not been substantiated and we therefore concluded that the ad was misleading."