TOBACCO CONTROL LAWS

ASA Adjudication on Imperial Tobacco Ltd

The Advertising Standards Authority (ASA) reviewed an ad for “Smoke Spots,” a smartphone app and website that helps users find places to smoke. Based on the language in the ad and a link to a video that featured several people smoking, the ASA found that the ad was harmful and irresponsible and that it presented smoking in a positive light.  Five other challenges to the ad were not upheld. The ASA ordered the company not to use the ad again in its current form and to ensure that future ads do not condone or encourage any unsafe practice.

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ASA Adjudication on Imperial Tobacco Ltd, Complaint Ref: A14-272212 (2014).

  • United Kingdom
  • Nov 12, 2014
  • Advertising Standards Authority

Parties

Plaintiff

  • 8 members of the public
  • Cancer Research UK

Defendant

  • Fast Web Media Ltd
  • Imperial Tobacco Ltd t/a Smoke Spots
  • Smoke Spots

Legislation Cited

Committee of Advertising Practice (CAP Code), Edition 12, Rule 21.1 (Tobacco, rolling papers, and filters)

Committee of Advertising Practice (CAP Code), Edition 12, Rule 4.5 (Harm and offence)

Committee of Advertising Practice (CAP) Code, Edition 12, Rule 1.3 (Responsible advertising)

Committee of Advertising Practice (CAP) Code, Rule 3.5 (Misleading advertising)

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

Smoke Free Measures
Measures to reduce or eliminate exposure to tobacco smoke. (See FCTC Art. 8)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)

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

None

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