Stop-smoking ads - the burning question

22 May 2007

They say there’s no smoke without fire but by 1 July there will be no smoke at all – at least not in pubs and restaurants in England. Where Ireland, Scotland and Wales have led, England has followed. With the smoking ban looming, now could prove a boom time for advertisers promoting their stop-smoking treatments and products. But, although attempts to help smokers give up are to be commended, advertisements for those treatments and products nevertheless have to comply with strict rules in the ad codes that the ASA administers.

At the end of the day, without willpower it is nigh on impossible for people to kick the habit. Despite the array of treatments available to smokers who want help, neither CAP nor the ASA has, as yet, seen evidence for a miracle cure-all that is 100% full-proof in ensuring smokers give up permanently. As with any addiction, quitting smoking involves personal effort. Implying or claiming that smokers can stop without any effort is likely to fall foul of the ASA.

For those looking to quit, treatments such as hypnotherapy, self-help books, counselling, Nicotine Replacement Therapy (NRT) patches and gum are readily available. All are heavily marketed but any advertising claims have to be backed up by rigorous evidence. Having documentary evidence to substantiate claims is key to avoiding running into problems with the ASA.

Making sure your advertising claims adhere to the code can sometimes be the simple difference between using one word over another. Implying a treatment “is” all someone will need to beat the habit is more than likely to be interpreted as making an unacceptable guarantee of success. Claiming a treatment “could” help is likely to be more acceptable.

These claims are likely to breach the Codes:

• Stop smoking the easy way Permanently beat the habit
• Stop smoking in 1 hour
• No effort required
• Guaranteed cure
• 100% success rate

Advertisers should bear in mind that restrictions other than the CAP or BCAP Codes might also apply. All anti-smoking products are regarded as medicinal and therefore advertisers should hold a relevant marketing authorisation if their products or claims are of that nature. The Medicines and Healthcare products Regulatory Agency (MHRA) can advise any advertiser that is unsure whether its claims or products are medicinal and whether it needs to get authorisation.

Smoking may well be about to become more difficult to do in public places but it has not become less difficult to give up - a fact reflected by the size of the market for treatments and products offering help to those who want to quit. Instead of creating a smokescreen of unsubstantiated claims and misleading promises about the efficacy of their treatment, advertisers should remember to ensure their ads comply with the advertising codes, otherwise they face the prospect of fighting fires when the ASA launches an investigation.