TOBACCO CONTROL LAWS

ASA Adjudication on Department of Health t/a East & West Midlands Regional Tobacco Group

The Advertising Standards Authority (ASA) found no violation of the country’s advertising code for a campaign by East & West Midlands Tobacco Group about the dangers of buying “dodgy” (i.e., smuggled) cigarettes. The campaign included two posters and a leaflet with a picture of a rat’s tail with the text “Dodgy cigs may contain rodent dropping, bugs and dirt.” The ASA found that any distress caused by the unpleasant imagery in the campaign was outweighed by the risk of using illicit tobacco. As a result, the campaign did not violate the advertising codes related to responsible advertising, decency, or fear and distress.

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ASA Adjudication on Department of Health t/a East and West Midlands Regional Tobacco Group, Complaint Ref. 93902 (2009).

  • United Kingdom
  • Sep 30, 2009
  • Advertising Standards Authority

Parties

Plaintiff Department of Health

Defendant East & West Midlands Regional Tobacco Group

Legislation Cited

Committee of Advertising Practice (CAP) Code, Clause 2.2 (Responsible Advertising)

Committee of Advertising Practice (CAP) Code, Clause 5.1 and 5.2 (Decency)

Committee of Advertising Practice (CAP) Code, Clause 9.1 and 9.2 (Fear and Distress)

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.

Tobacco Control Topics

Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)

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.

Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.

Type of Tobacco Product

None

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