A print ad for e-cigarettes appeared under an advertising feature about Stoptober (the English national stop smoking campaign). The e-cigarette ad was headed “Switchtober 2013” and featured a calendar page marked with the company’s logo: a match with a cross through it. The Advertising Standards Authority (ASA) found that the ad violated the country’s advertising code because it implied that the product could be used for smoking cessation when the product had not been licensed by the government for that purpose. In the future, the ASA ordered the company not to imply that its product was suitable for smoking cessation or associated with any stop smoking campaign.
ASA Adjudication on Dardam Services Ltd, Complaint Ref: A13-245512 (2014).
United Kingdom
Jan 29, 2014
Advertising Standards Authority
Parties
Plaintiff
Unidentified complainant
Defendant
Dardam Services Ltd t/a No Match
Legislation Cited
Committee of Advertising Practice (CAP Code), Edition 12, Rule 3.50 (Endorsements and testimonials)
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 print ad for e-cigarettes appeared under an advertising feature about Stoptober (the English national stop smoking campaign). The e-cigarette ad was headed “Switchtober 2013” and featured a calendar page marked with the company’s logo: a match with a cross through it. The Advertising Standards Authority (ASA) found that the ad violated the country’s advertising code because it implied that the product could be used for smoking cessation when the product had not been licensed by the government for that purpose. In the future, the ASA ordered the company not to imply that its product was suitable for smoking cessation or associated with any stop smoking campaign.