TOBACCO CONTROL LAWS

ASA Adjudication on NJOY Innovations Ltd

A television ad for e-cigarettes featured two friends helping each other in different situations and encouraged viewers to “Give a friend an NJOY King electronic cigarette.” The Advertising Standards Authority found that the ad was not misleading because: (1) the ad contained no express health claims; (2) there were no claims that the product was healthier than smoking tobacco cigarettes; and (3) there may be a number of reasons why a friend might suggest the product as an alternative to traditional cigarettes. Therefore, the ad did not violate the country’s advertising code. 

DOWNLOAD DOCUMENT

ASA Adjudication on NJOY Innovations Ltd, Complaint Ref: A14-258948 (2014).

  • United Kingdom
  • Jul 16, 2014
  • Advertising Standards Authority

Parties

Plaintiff Unidentified complainants

Defendant NJOY Innovations Ltd

Legislation Cited

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 11.2 (Medicines, medical devices, treatments and health)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.1 (Misleading advertising)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.9 (Substantiation)

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

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

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.
1400 I Street N.W.,
Suite 1200,
Washington, DC 20005
United States of America

Phone: (202) 296-5469

Campaign for Tobacco-Free Kids is a BBB-accredited charity and a
Guidestar Exchange Gold Participant.

© 2024 Campaign for Tobacco-Free Kids | Trademarks | Copyright | Privacy

Site created and maintained by