TOBACCO CONTROL LAWS

ASA Adjudication on West Sussex Primary Care Trust

An anti-smoking pamphlet in a doctor’s office contained a number of claims, including that (1) tobacco companies actively target young people; (2) tobacco companies give out free cigarettes to children; and (3) NRT (nicotine replacement therapy) can help people quit smoking. The Advertisings Standards Authority (ASA) found the first and third claims misleading and ordered the ad not to be broadcast again in its current form. Specifically, the ASA found that the company which created the pamphlet provided insufficient evidence of active targeting of young people in the UK especially because most tobacco advertising and promotion are prohibited in that region. Additionally, the claim about NRT was misleading because it implied that people would be able to stop smoking permanently, rather than for at least four weeks, which was the reference period used by the company. The ASA did not find the claim about free distribution of cigarettes to children to be misleading because the company provided evidence of such practices in developing countries.

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ASA Adjudication on West Sussex Primary Care Trust, Complaint Ref: 102840 (2010).

  • United Kingdom
  • Feb 3, 2010
  • Advertising Standards Authority

Parties

Plaintiff Unidentified complainant

Defendant West Sussex Primary Care Trust t/a wellfit.uk.com

Legislation Cited

Committee of Advertising Practice (CAP Code), Edition 11, Clause 3.1 (Substantiation)

Committee of Advertising Practice (CAP Code), Edition 11, Clause 7.1 (Truthfulness)

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)
Cessation
Measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. (See FCTC Art. 14)

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

None

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