Mo Farah sues vape firm over claims it used a lookalike and his first name to promote its menthol e-liquid after watchdog banned ad campaign

• Mo Farah suing Diamond Mist after advert appeared on London buses last year 
• It featured the eyes and eyebrows of a man who looked similar to the athlete 
• The poster was banned by the Advertising Standards Authority (ASA) in August

Mo Farah is suing a vape liquid company he claims used a lookalike on its poster in order to suggest that its products were endorsed by him.  

The four-time Olympic champion is suing Diamond Mist after its advert, which appeared on London buses last year, featured the eyes and eyebrows of a man bearing a stark similarity to the athlete alongside the text: ‘Mo’s Mad for Menthol.’  

The athlete, whose legal action has now reached the High Court, claims the company used a lookalike and his first name to advertise its menthol-flavoured e-liquid products. 

The advert for Diamond Mist’s product was banned by the Advertising Standards Authority (ASA) in August after members of the public complained that the man looked similar to Sir Mo.

Mo Farah is suing the vape liquid company Diamond Mist after its advert featured a lookalike to advertise its products

The poster (pictured on London bus), which appeared on London buses last year, featured the eyes and eyebrows of a man  alongside the text: ‘Mo’s Mad for Menthol’

He has since taken Diamond Mist, its director Mahrokh Amini Mandehmahalleh and a connected company, SRN Horizon, to the High Court, accusing them of ‘passing off’ his likeness to sell its vaping liquid.

At a preliminary hearing in London on Tuesday, Judge Richard Hacon ordered a hearing to be held in December to determine whether the ad was ‘likely to misrepresent’ to the public that Sir Mo had endorsed the product.

If the advert is found to have been misleading, there will be a further hearing to decide the extent to which Diamond Mist and Exterion Media, the company that distributed the ad campaign, are liable and any damages to which Sir Mo may be entitled.

His claim against Exterion was formally put on hold by the judge pending the December hearing.

The athlete claims that the vaping company used a lookalike and his first name to advertise its menthol-flavoured e-liquid products

Sir Mo himself took to social media back in March to make clear the advertisement had nothing to do with him

After the posters began to appear on London buses the athlete took to social media to assure fans that he did not endorse the product or the company. 

A statement on Twitter read: ‘You may have seen this ad and think it’s me!! I can assure you that I have NOT endorsed this product or company!!! We’re looking into it.’ 

In a statement last March, Diamond Mist defended the advert, saying it was one of five promoting different flavours which used alliteration and popular first names, such as ‘Claire’s Crazy for Cola’.

The company added: ‘At no point was there any intention to associate our menthol product with Sir Mo Farah.’

But the ASA found the advert was ‘likely to give consumers the misleading impression that the product had been endorsed by Sir Mo Farah’.

The advertising watchdog said the model’s bald head and eyebrow shape were reminiscent of Sir Mo’s, and that the athlete was one of the most recognisable and well-known figures in the UK to go by the name.

What is an e-cigarette and how is it different to smoking tobacco?

An electronic cigarette (e-cigarette) is a device that allows users to inhale nicotine by heating a vapour from a solution that contain nicotine, propylene and flavourings.

As there is no burning involved, there is no smoke like a traditional cigarette.

But while they have been branded as carrying a lower risk than cigarettes, an increasing swell of studies is showing health dangers.

E-cigarettes do not produce tar or carbon monoxide, but the vapor does contain some harmful chemicals.

Nicotine is the highly addictive chemical which makes it difficult for smokers to quit.  

Nearly three million people in Britain use e-cigarettes, and more than nine million Americans.

TYPES:

1. Standard e-cigarette

Battery-powered device containing nicotine e-liquid.

It vaporizes flavored nicotine liquid.

2. Juul

Very similar to normal e-cigarettes but with sleeker design and a higher concentration of nicotine.

Thanks to its ‘nicotine salts’, manufacturers claim one pod delivers the amount of nicotine as a pack of cigarettes.

It is composed of an e-cigarette (battery and temperature control), and a pod of e-liquid which is inserted at the end.

The liquid contains nicotine, chemicals and flavorings.

Like other vaping devices, it vaporizes the e-liquid.

3. IQOS by Philip Morris

Pen-shaped, charged like an iPod.

Vaporizes tobacco.

It is known as a ‘heat not burn’ smokeless device, heating tobacco but not burning it (at 350C compared to 600C as normal cigarettes do).

The company claims this method lowers users’ exposure to carcinogen from burning tobacco.

Source: Read Full Article