TOBACCO CONTROL LAWS

ASA Adjudication on Must Have Ltd t/a VIP Electronic Cigarette

The Advertising Standards Authority (ASA) received more than 1,000 complaints about two commercials for e-cigarettes featuring a man and a woman, respectively, making reference to oral sex. The ASA found that the ads were sexually provocative and should have been aired only after 11 pm rather than allowed to air after 9 pm. In the future, the ASA ordered the company not to broadcast the ads before 11 pm and to ensure that the ads were not likely to cause serious or widespread offence. The ASA did not uphold other complaints about the ads, finding that the ads were not likely to be viewed as degrading or exploiting women, did not encourage smoking or the harmful use of nicotine products, did not promote the product to young viewers, and made clear that the product contained nicotine.

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ASA Adjudication on Must Have Ltd, Complaint Ref: A13-249268 (2014).

  • United Kingdom
  • Feb 26, 2014
  • Advertising Standards Authority

Parties

Plaintiff Unidentified complainants

Defendant Must Have Ltd t/a VIP Electronic Cigarette

Legislation Cited

Committee of Advertising Practice (CAP) Code, Edition 12, Rule 1.3 (Social responsibility)

Committee of Advertising Practice (CAP) Code, Edition 12, Rule 4.1 (Harm and Offence)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 1.2 (Social Responsibility)

Committee of Advertising Practice Broadcast (BCAP) Code, Rules 32.1 and 32.3 (Scheduling)

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

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)

Substantive Issues

Right to Freedom of Expression
A violation of the right to expression, free speech or similar right to express oneself without limitation or censorship. The industry may claim that a regulation infringes on their right to communicate with customers and the public. Similarly, they may claim that mandated warnings infringe on their freedom to communicate as they desire.
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.

Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

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.
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