TOBACCO CONTROL LAWS

ASA Ruling on K. Williams & Others v. British American Tobacco

Based on several consumer complaints, the Advertising Standards Authority (ASA) evaluated a series of billboard, press, and radio ads from British American Tobacco (BAT) South Africa that warned of the dangers of buying illegal cigarettes. For example, one ad showed a woman being hijacked with the words “Danger: people who buy illegal cigarettes possibly help hijackers and robbers.” The ASA found that the ads had violated the country’s Code of Advertising Practice because (1) they were misleading (based on an unproven linkage between illegal cigarettes and violent crime) and (2) they were likely to cause unjustified fear and distress to viewers. The ASA ordered BAT to withdraw the advertising campaign and not to use the ads in the current form again. The ASA dismissed the complaint that the advertising was offensive and said it did not have the authority to rule on the legality of the ads. Instead complaints about illegal tobacco advertising should be made to the agency responsible for enforcing the Tobacco Products Control Act.

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ASA Ruling on K Williams & Others v. British American Tobacco, No. 17013 (2011).

  • South Africa
  • May 16, 2011
  • Advertising Standards Authority Directorate (South Africa)

Parties

Plaintiff

  • Ajay Bowan
  • Mr. Al-Ameen Kafaar
  • Mr. Charles T. Van Bergen
  • Mr. Dougie Oakes
  • Mr. Ian Williams
  • Mr. Keith Reeves
  • Mr. Kendall Williams
  • Ms. T Hart

Defendant British American Tobacco South Africa Ltd.

Legislation Cited

Tobacco Products Control Act 83 of 1993 (as amended)

Code of Advertising Practice, Section II, Clause 1 - Offensive advertising

Code of Advertising Practice, Section II, Clause 14 - Children

Code of Advertising Practice, Section II, Clause 3.1 - Fear

Code of Advertising Practice, Section II, Clause 3.3 - Legality

Code of Advertising Practice, Section II, Clause 4.2.1 - Misleading claims

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

Price and Tax Measures
Tax or price measures, including tax- and duty-free regulation. (See FCTC Art. 6)
Advertising, Promotion and Sponsorship
Measures restricting any form of direct or indirect tobacco advertising, promotion and sponsorship. (See FCTC Art. 13)
Illicit Trade
Measures relating to illicit trade, including smuggling, illicit manufacturing and counterfeiting. (See FCTC Art. 15)

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.

Encourage Illicit Trade
Regulatory measures may lead to an increase in illegal sales, such as counterfeit products. The industry may also argue that such illicit trade will reduce tobacco tax revenue.
Legal Product
Tobacco is a legal product and the tobacco industry is a legal industry.

Type of Tobacco Product

None

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