TOBACCO CONTROL LAWS

ASA Adjudication on CN Creative Ltd

A television ad and a poster for e-cigarettes featured people floating through a smoke barrier with the text “Experience the Breakthrough.” The Advertising Standards Authority (ASA) reviewed the ads and ruled that they did not glamorize smoking or e-cigarette use and did not irresponsibly appeal to young viewers, in part because the tv ad appeared only after 9 pm. However, the ASA found that the poster violated the Advertising Code by misleadingly implying that the product could be used as a smoking cessation device. The ASA said that the text of the ad could be interpreted to mean that smokers could achieve satisfaction from this product rather than from cigarettes. The ASA ordered the company not to use the poster again in its current form and to ensure that it does not portray its product as a smoking cessation device in the future. 

ASA Adjudication on CN Creative Ltd, Complaint Ref: A14-260400 (2014).

  • United Kingdom
  • Jun 11, 2014
  • Advertising Standards Authority
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Parties

Plaintiff

  • 14 viewers
  • Advertising Standards Authority

Defendant CN Creative Ltd t/a Vype

Legislation Cited

Committee of Advertising Practice Broadcast (BCAP Code), Rules 10.3, 10.4, and 10.5 (Prohibited categories)

Committee of Advertising Practice Broadcast (BCAP Code), Rules 4.1, 4.2, and 4.4 (Harm and offence)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.1 (Misleading advertising)

Committee of Advertising Practice Broadcast (BCAP) Code, Rules 1.2 and 1.3 (Social responsibility)

Committee of Advertising Practice Broadcast (BCAP) Code, Rules 11.4 and 11.9 (Medicines, medical devices, treatments and health)

Committee of Advertising Practice Broadcast (BCAP) Code, Rules 12.1 and 12.11 (Medicines, medical devices, health-related products, and beauty products)

Committee of Advertising Practice Broadcast (BCAP) Code, Rules 32.3 (Scheduling)

Related Documents

None

Type of Litigation

Government Enforcement Action
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.
Enforcement Action by a Private Individual or Private Entity
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.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Cessation
Measures to promote cessation of tobacco use and adequate treatment for tobacco dependence. (See FCTC Art. 14)

Substantive Issues

Consumer Protection Violation

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

E-cigarettes and other ENDS products
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.
"Ad (b) included the text "No tobacco. No smoke. Just pure satisfaction for smokers". This clarified the nature of the product and its intended appeal to smokers. Together with the text "Experience the breakthrough" we considered that ad (b) was likely to be interpreted as meaning that smokers could achieve satisfaction from this product instead of from cigarettes; a breakthrough alternative as a substitute for tobacco. In this context, the product was likely to be understood as a smoking cessation aid. Given the presentation, together with the fact that the product did not have a certificate of authorisation from the MHRA, we concluded that ad (b) misleadingly implied Vype could be used as a smoking cessation device."
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