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.

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

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

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product

"We noted that 5 Colors had chosen not to supply their product to those under the age of 18. However, for the reasons referenced above, we considered it likely that young adults might be encouraged by the ad to visit the 5 Colors website and thus make a decision in relation to the product on the basis of the ad only to find, on viewing the website, that only those over 18 could purchase the product. We therefore concluded the ad should have included information to make clear that the product was not available to those under 18."
"We noted the ad featured bright colours and upbeat music, but considered it was unlikely to be of particular appeal to children, and, furthermore, noted that Clearcast had given the ad an 'ex-kids' restriction, which meant that it would not be broadcast around programmes of particular appeal to children. Notwithstanding that, as previously referenced we considered inquisitive consumers, including young adults and older children, would be encouraged to visit 5 Colors' website to find out more about the product being advertised. However, the product did not contain nicotine and the ad did not include any reference to nicotine or tobacco products. We concluded it did not encourage people of any age, including young adults and children, to start smoking tobacco cigarettes."
"The ASA noted the ad featured a number of young adults dressed in colourful clothing jumping in the air whilst fruits appeared and exploded in the background, accompanied by a dance track and a voice-over which stated "What's your flavour?" and "It's time to come in from the cold". We noted, however, that it did not identify the type of product being promoted and considered that was material information which was necessary for viewers if they wished to find out more. ... We considered it important that ads such as this made clear the nature of the product being advertised and stated whether or not it contained nicotine. We judged that to be material information the consumer needed to know in order to avoid the likelihood of being misled. Because the ad did not make clear the nature of the product being advertised, and that it did not contain nicotine, we concluded the ad was misleading."