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.
ASA Adjudication on ZULU Ventures Ltd, Complaint Ref A13-219713 (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 featured young adults undertaking day-to-day activities such as travelling and socialising, and featured an understated voice-over and chill-out style music. We considered the ad would not, therefore, be of particular appeal to younger children. Furthermore, we noted 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, we noted the ad 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 did not state that it contained nicotine, we concluded the ad was misleading."
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 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.