The website for an e-cigarette company indicated that e-cigarettes had been advertised on various news sources, such as the BBC. The ad also included the claim “Smoke Anywhere” and a “Quality Assurance” statement. The Advertising Standards Authority (ASA) found that the ad was misleading because (1) the company didn’t explain the context for the news sources’ supposed endorsement of e-cigarettes; (2) contrary to the ad’s claim, it is not always possible to use e-cigarettes; and (3) the claim about “Quality Assurance” might lead people to believe that e-cigarettes are approved and regulated, which they are not. The ASA ordered that the ad should not appear again in its current form.
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.
The website for an e-cigarette company indicated that e-cigarettes had been advertised on various news sources, such as the BBC. The ad also included the claim “Smoke Anywhere” and a “Quality Assurance” statement. The Advertising Standards Authority (ASA) found that the ad was misleading because (1) the company didn’t explain the context for the news sources’ supposed endorsement of e-cigarettes; (2) contrary to the ad’s claim, it is not always possible to use e-cigarettes; and (3) the claim about “Quality Assurance” might lead people to believe that e-cigarettes are approved and regulated, which they are not. The ASA ordered that the ad should not appear again in its current form.