A television ad for e-cigarettes was found to be misleading by the Advertising Standards Authority (ASA) because it did not identify the type of product being advertised or whether it contained nicotine. On the other hand, the ASA did not find the ad irresponsible because it did not glamorize nicotine products or encourage inappropriate use. In the future, any advertising by the company must clearly identify that the product is an e-cigarette and that it contains nicotine. 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.
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.
A television ad for e-cigarettes was found to be misleading by the Advertising Standards Authority (ASA) because it did not identify the type of product being advertised or whether it contained nicotine. On the other hand, the ASA did not find the ad irresponsible because it did not glamorize nicotine products or encourage inappropriate use. In the future, any advertising by the company must clearly identify that the product is an e-cigarette and that it contains nicotine. 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.