ASA Ruling on Hing Fo International Ltd t/a ALFABAR
A poster for ALFABAR, an e-cigarette brand, stated “OUT OF THIS WORLD” in light blue on a black background with a pink graffiti-style graphic. Beneath that were two devices, styled to look like alien heads, each with green luminescent eyes. An arrow pointing to the eyes of one of the devices stated “LED light effect eyes”.
Complainant Adfree Cities challenged whether the ad was irresponsible, because it appealed to people under 18 years old. The ASA concluded that the ad violated the CAP Code because it was likely to appeal to minors. The advertised product resembled a child’s toy and the colors and language used, which gave the ad a sci-fi theme, contributed to that overall appeal. For this reason, the CAP Code was breached, and the ad must not appear again in the form complained of.
Complainant also challenged whether the ad had been appropriately placed because it appeared in a public space where children were likely to see it. The CAP Code requires that no medium should be used to advertise e-cigarettes if more than 25% of its audience is under the age of 18. The ASA concluded that the ad’s placement did not breach the Code. While children may have seen the ad, it is unlikely that people under 18 comprised more than 25% of the audience.
ASA Ruling on Hing Fo International Ltd t/a ALFABAR, Poster, Complaint Ref. A24-1228196 (2024).
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.
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 considered the advertised product resembled a child’s toy, in both its shape and size, and its green light-up eyes. The ad drew attention specifically to the latter, a feature we considered would be likely to appeal more to children than those over 18, and which presented the device as more of a plaything. We considered the colours and language used, which gave the ad a sci- theme, contributed to that overall appeal. For those reasons we concluded the ad was likely to appeal particularly to people aged under 18 and therefore breached the Code. On that point, the ad breached CAP Code (Edition 12) rule 22.9 (Electronic cigarettes). The CAP Code required that ads for electronic cigarettes must not be directed at people under 18 years of age through the selection of media or the context in which they appeared and that no medium should be used to advertise e-cigarettes if more than 25% of its audience was under the age of 18."
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 poster for ALFABAR, an e-cigarette brand, stated “OUT OF THIS WORLD” in light blue on a black background with a pink graffiti-style graphic. Beneath that were two devices, styled to look like alien heads, each with green luminescent eyes. An arrow pointing to the eyes of one of the devices stated “LED light effect eyes”.
Complainant Adfree Cities challenged whether the ad was irresponsible, because it appealed to people under 18 years old. The ASA concluded that the ad violated the CAP Code because it was likely to appeal to minors. The advertised product resembled a child’s toy and the colors and language used, which gave the ad a sci-fi theme, contributed to that overall appeal. For this reason, the CAP Code was breached, and the ad must not appear again in the form complained of.
Complainant also challenged whether the ad had been appropriately placed because it appeared in a public space where children were likely to see it. The CAP Code requires that no medium should be used to advertise e-cigarettes if more than 25% of its audience is under the age of 18. The ASA concluded that the ad’s placement did not breach the Code. While children may have seen the ad, it is unlikely that people under 18 comprised more than 25% of the audience.