The Advertising Standards Authority (ASA) reviewed a sponsored Facebook ad for a mobile phone case containing a built in cigarette lighter. The ad depicted a cigarette being lit followed by the text “TAG SOMEONE WHO CAN USE THIS.” The ASA noted that, although there are no advertising restrictions on cigarette lighters, the ad presented smoking in a positive light and could not be used again in its current form.
ASA Ruling on Lightercase Inc, Complaint Ref: A14-289148 (2015).
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.
Type of Tobacco Product
None
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 ad neither explicitly encouraged non-smokers to start smoking nor existing smokers to continue, and acknowledged that tobacco was a legally available product and there were no specific restrictions on the advertising of cigarette lighters. However, we considered the combination of the image of the lit cigarette and the encouragement to "TAG SOMEONE WHO CAN USE THIS" presented smoking in a positive light, and that the overall impression of the ad was that it normalised and condoned smoking and presented it in an appealing manner. We concluded the ad was therefore 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.
The Advertising Standards Authority (ASA) reviewed a sponsored Facebook ad for a mobile phone case containing a built in cigarette lighter. The ad depicted a cigarette being lit followed by the text “TAG SOMEONE WHO CAN USE THIS.” The ASA noted that, although there are no advertising restrictions on cigarette lighters, the ad presented smoking in a positive light and could not be used again in its current form.