ASA Adjudication on Zandera Ltd

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.

DOWNLOAD DOCUMENT

ASA Adjudication on Zandera Ltd, Complaint Ref: A13-219706 (2013).

  • United Kingdom
  • Sep 25, 2013
  • Advertising Standards Authority

Parties

Plaintiff

  • Members of the public
  • Smokefree South West

Defendant Zandera Ltd

Legislation Cited

Committee of Advertising Practice (CAP) Code, Rule 1.3 (Social Responsibility)

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

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 10.4 and 10.5 (Tobacco prohibited categories)

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 3.1 and 3.2 (Misleading Advertising)

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

Committee of Advertising Practice Broadcast (BCAP) Code, Rule 4.4 (Harm and Offence)

Related Documents

Type of Litigation

Tobacco Control Topics

Substantive Issues

Type of Tobacco Product