ASA Adjudication on Zandera Ltd

The Advertising Standards Authority (ASA) received 65 complaints about a series of ads for e-cigarettes, including a television ad, a radio ad, an internet banner ad, a poster at a bus stop, and a display on the side of a bus. After evaluating the ads for potential violations of the advertising code, the ASA found that the television and radio ads were misleading because they did not make clear what product was being advertised and whether it contained nicotine. The ASA noted that this information was especially important because e-cigarettes were still a relatively new product in the UK. Additionally, the ASA found that the TV ad was of particular interest to children because it featured a dancing baby. Because the ad was appealing to children and also referred to smoking it violated the advertising code related to tobacco advertising. The ASA ordered that the TV and radio ad not be broadcast again in their current form. However, the ASA found that the internet ad and posters did not violate the advertising code by encouraging smoking because they promoted an alternative to smoking.