TOBACCO CONTROL LAWS

ASA Adjudication on Nicocigs Ltd. (A13-231073)

A website for e-cigarettes included a claim that the product is less expensive than traditional cigarettes and that “A cartridge is equivalent to about twenty cigarettes.” The Advertising Standards Authority (ASA) found that the company provided insufficient evidence to support the claim of a cartridge being equivalent to twenty cigarettes. The ASA ordered the ad not to appear again in its current form and that future ads should be capable of substantiation. The ASA noted that the ad was broadcast before the government announced its intention to regulate e-cigarettes as medicines, which are subject to different advertising rules.

ASA Adjudication on Nicocigs Ltd, Complaint Ref: A13-231073 (2013).

  • United Kingdom
  • Sep 11, 2013
  • Advertising Standards Authority
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Parties

Plaintiff Unidentified complainant

Defendant Nicocigs Ltd

Legislation Cited

Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.1 (Misleading Advertising)

Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.7 (Substantiation)

Related Documents

None

Type of Litigation

Government Enforcement Action
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.
Enforcement Action by a Private Individual or Private Entity
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.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

Substantive Issues

Consumer Protection Violation

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.

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

E-cigarettes and other ENDS products
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.
"We were therefore concerned that we had not seen sufficient evidence to substantiate the claim that "A cartridge is equivalent to about twenty tobacco cigarettes". On that basis, we concluded that the claim had not been substantiated and breached the Code."
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