Carlill v. Carbolic Smoke Ball Case Brief Summary | Law Case Explained

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Carlill v. Carbolic Smoke Ball Co. | 1 Q.B. 256 (1893)

Advertisers are a creative bunch. They entice us with catchy tunes, flashy images, and promises that their product is better, faster, tastier, or stronger. Those promises are usually so vague or so silly, that they can’t be taken seriously. But sometimes, advertisers make outlandish promises that customers do take seriously. Carlill versus The Carbolic Smoke Ball Company is one such case.

The Carbolic Smoke Ball Company, which we’ll call the company, sold a product that, when ignited, released carbolic acid smoke. During an 1891 influenza outbreak, the company ran an advertisement in London’s Pall Mall Gazette. It offered one hundred British pounds to anyone who caught the flu or a cold after using the smoke ball as directed, three times a day for two weeks. The ad further stated that one thousand pounds had been deposited at a specified bank to demonstrate the company’s sincerity.

Louisa Elizabeth Carlill used a smoke ball as directed for nearly two months, but still caught the flu. She then sued the company for the promised hundred pounds. The Queen’s Bench, Sir Henry Hawkins, First Baron Brampton, ruled that she was entitled to the money. The company appealed to the Court of Appeal.

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