A poster for electronic cigarettes contained the phrase “KICKS BUTT”. The Advertising Standards Authority (ASA) found the ad misleading because it implied that the product could be used for smoking cessation given the similarity with the smoking prevention campaign “Kick Butt”. The ASA noted that the product had not been licensed by the government as a smoking cessation aid. The ASA rejected the company’s claim that the phrase referred to football and was linked with their sponsorship of a local football club. The ASA noted that the ad did not feature any sports or football imagery nor was the football club specifically mentioned.
Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.1 (Misleading Advertising)
Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.7 (Substantiation)
Committee of Advertising Practice (CAP Code), Edition 12, Rules 12.1 and 12.11 (Medicines, medical devices, health related products and beauty products)
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.
A poster for electronic cigarettes contained the phrase “KICKS BUTT”. The Advertising Standards Authority (ASA) found the ad misleading because it implied that the product could be used for smoking cessation given the similarity with the smoking prevention campaign “Kick Butt”. The ASA noted that the product had not been licensed by the government as a smoking cessation aid. The ASA rejected the company’s claim that the phrase referred to football and was linked with their sponsorship of a local football club. The ASA noted that the ad did not feature any sports or football imagery nor was the football club specifically mentioned.