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ASA Adjudication on Health & Beauty Innovations Ltd

A website for NicoBloc said that the product could help with nicotine addiction by blocking up to 99% of nicotine and tar. The Advertising Standards Authority (ASA) found that the ads violated the country’s Advertising Code because they claimed that the product could be used to treat nicotine addiction without being a licensed medical device. The ASA also concluded that the tests used to determine the product’s ability to block nicotine and tar were not sufficient to support the ad’s claims and the ads were therefore misleading. The ASA ordered the company not to use the ads again in their current form and required the company to provide robust documentary evidence to support smoking cessations claims in the future. 

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ASA Adjudication on Health & Beauty Innovations Ltd, Complaint Ref: A14-266848 (2014).

  • United Kingdom
  • Oct 29, 2014
  • Advertising Standards Authority

Parties

Plaintiff Unidentified complainants

Defendant Health & Beauty Innovations Ltd

Legislation Cited

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)

Committee of Advertising Practice (CAP) Code, Rule 3.1 (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

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.

Sufficiency of Scientific Evidence
A discussion on whether current scientific evidence is sufficient to justify the regulatory measures.

Type of Tobacco Product

None

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