TOBACCO CONTROL LAWS

ASA Adjudication on Sorse Distribution Ltd

Seven viewers complained about a television ad for disposable fruit-flavored e-cigarettes. The Advertising Standards Authority (ASA) found the ad to be misleading because it did not identify the product being advertised or state that the product did not contain nicotine. Additionally, the ASA said that the ad should have stated that the product was not available to those under 18. The ASA told the company that future advertising should clearly identify the product as an e-cigarette, that it does not contain nicotine, and that it is not available to those under the age of 18. 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.

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ASA Adjudication on Sorse Distribution Ltd, Complaint Ref: A13-219212 (2013).

  • United Kingdom
  • Sep 25, 2013
  • Advertising Standards Authority

Parties

Plaintiff Private citizens (viewers)

Defendant Sorse Distribution Ltd t/a 5 Colors

Legislation Cited

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

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 10.3 (Tobacco)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.1 and 3.2 (Misleading Advertising)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 4.1 and 4.4 (Harm and Offence)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 5.3 (Children)

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.

Tobacco Control Law Violation
A claim of a violation of a tobacco control law or statute.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

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.
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