The Advertising Standards Authority (ASA) received 65 complaints about a series of ads for e-cigarettes, including a television ad, a radio ad, an internet banner ad, a poster at a bus stop, and a display on the side of a bus. After evaluating the ads for potential violations of the advertising code, the ASA found that the television and radio ads were misleading because they did not make clear what product was being advertised and whether it contained nicotine. The ASA noted that this information was especially important because e-cigarettes were still a relatively new product in the UK. Additionally, the ASA found that the TV ad was of particular interest to children because it featured a dancing baby. Because the ad was appealing to children and also referred to smoking it violated the advertising code related to tobacco advertising. The ASA ordered that the TV and radio ad not be broadcast again in their current form. However, the ASA found that the internet ad and posters did not violate the advertising code by encouraging smoking because they promoted an alternative to smoking.
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.
The Advertising Standards Authority (ASA) received 65 complaints about a series of ads for e-cigarettes, including a television ad, a radio ad, an internet banner ad, a poster at a bus stop, and a display on the side of a bus. After evaluating the ads for potential violations of the advertising code, the ASA found that the television and radio ads were misleading because they did not make clear what product was being advertised and whether it contained nicotine. The ASA noted that this information was especially important because e-cigarettes were still a relatively new product in the UK. Additionally, the ASA found that the TV ad was of particular interest to children because it featured a dancing baby. Because the ad was appealing to children and also referred to smoking it violated the advertising code related to tobacco advertising. The ASA ordered that the TV and radio ad not be broadcast again in their current form. However, the ASA found that the internet ad and posters did not violate the advertising code by encouraging smoking because they promoted an alternative to smoking.