A radio ad for e-cigarettes mentioned a variety of vapor flavors, such as cherry and cola. A listener complained that the ad was irresponsible and could encourage children to use the product. The Advertising Standards Authority (ASA) ruled that the ad did not violate the country’s advertising code. Because the ad started with the statement “Do you smoke?” the ASA found that the ad was targeted at existing smokers. Additionally, the ASA found that the flavors referenced in the ad were not limited to those that would appeal only to children and, as a result, the ad was not irresponsible.
ASA Adjudication on UKVapes Ltd, Complaint Ref: A13-239752 (2013).
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.
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.
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.
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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"The ASA noted the ad started with the statement "Do you smoke?" which we considered clearly set out who the ad was targeted at. We also noted the ad contained a prominent cough and considered that emphasised that the target audience was existing smokers. We acknowledged the complainant's assertion that references to the various flavours could appeal to children. However, we considered that those flavours referenced were common to many products, and were not limited to those that would appeal only to children. We did not consider that the reference to the flavours in the ad would appeal to children and we concluded the ad was not irresponsible."
Limitations regarding the use of quotes The quotes provided here reflect statements from a specific decision. Accordingly, the International Legal Consortium (ILC) cannot guarantee that an appellate court has not reversed a lower court decision which may influence the applicability or influence of a given quote. All quotes have been selected based on the subjective evaluations undertaken by the ILC meaning that quotes provided here may not accurately or comprehensively represent a given court’s opinion or conclusion, as such quotes may have originally appeared alongside other negative opinions or accompanying facts. Further, some quotes are derived from unofficial English translations, which may alter their original meaning. We emphasize the need to review the original decision and related decisions before authoritatively relying on quotes. Using quotes provided here should not be construed as legal advice and is not intended to be a substitute for legal counsel on any subject matter in any jurisdiction. Please see the full limitations at https://www.tobaccocontrollaws.org/about.
A radio ad for e-cigarettes mentioned a variety of vapor flavors, such as cherry and cola. A listener complained that the ad was irresponsible and could encourage children to use the product. The Advertising Standards Authority (ASA) ruled that the ad did not violate the country’s advertising code. Because the ad started with the statement “Do you smoke?” the ASA found that the ad was targeted at existing smokers. Additionally, the ASA found that the flavors referenced in the ad were not limited to those that would appeal only to children and, as a result, the ad was not irresponsible.