A magazine ad for e-cigarettes included an image of a penguin with e-cigarette paraphernalia and a reference to Christmas. In response to a complaint, the Advertising Standards Authority (ASA) investigated whether the ad was appealing to children. The ASA found that the ad was not irresponsible because the magazine was not of particular interest to children and the ad did not contain additional visuals or wording likely to appeal to children.
ASA Adjudication on Zandera Ltd, Complaint Ref: A13-251599 (2014).
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.
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.
"The ASA noted the target audience cited by the advertiser and publisher and we also noted the articles submitted which consisted of reports on chemical weapons, drug trafficking and whistleblowers. We considered those articles and did not deem them or the magazine generally, to be of particular interest to children.
We noted the ad contained a photograph of a penguin underneath the strap-line which included the word Christmas. However, it did not contain any additional visuals or wording that was likely to appeal particularly to children. Because we considered that the ad and the magazine in which it was published were unlikely to appeal to children, 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 magazine ad for e-cigarettes included an image of a penguin with e-cigarette paraphernalia and a reference to Christmas. In response to a complaint, the Advertising Standards Authority (ASA) investigated whether the ad was appealing to children. The ASA found that the ad was not irresponsible because the magazine was not of particular interest to children and the ad did not contain additional visuals or wording likely to appeal to children.