A poster on a commuter train advertised e-cigarettes. In response to a complaint, the Advertising Standards Authority (ASA) investigated whether the ad was irresponsible because it was placed in a location likely to be seen by children. The ASA found that the ad did not violate the country’s advertising code because e-cigarettes are legal products and are allowed to be advertised. Additionally, the ASA found that trains were not likely to carry a high percentage of children and the ad, which mostly contained text, did not contain any images likely to be particularly attractive to children.
ASA Adjudication on ZULU Ventures Ltd, Complaint Ref: A13-240201 (2013).
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"The ASA noted the ad appeared on a commuter train, which we understood from the complainant was used by children as part of the school route. However, we noted that the ad appeared on the Southeastern trains network and not simply on this route, and that evidence suggested that trains were a mode of transport which were not likely to carry a high percentage of children. We therefore considered that the ad did not appear in a place where it was likely to be seen by a high percentage of children. We further noted the ad comprised mostly text and did not contain any image or content that was likely to be particularly attractive to children.
We noted the complainants' concerns about the ads promoting the use of e-cigarettes. However, electronic cigarettes could be sold legally in the UK, were not a prohibited category under the CAP Code and were therefore permitted to be advertised, within the confines of the CAP Code. ... We considered that, because the ad was clearly for a non-tobacco product, it was unlikely to be seen as encouraging or normalising tobacco smoking to children or adults. We therefore concluded that the ad did not breach the Code."
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 on a commuter train advertised e-cigarettes. In response to a complaint, the Advertising Standards Authority (ASA) investigated whether the ad was irresponsible because it was placed in a location likely to be seen by children. The ASA found that the ad did not violate the country’s advertising code because e-cigarettes are legal products and are allowed to be advertised. Additionally, the ASA found that trains were not likely to carry a high percentage of children and the ad, which mostly contained text, did not contain any images likely to be particularly attractive to children.