Carlill v Carbolic Smoke Ball Co product called the "smoke ball" and claimed it to be a cure for influenza and a number of other diseases. (The 1889–1890 flu pandemic was estimated to have killed 1 million people.) The smoke ball was a rubber ball with a tube attached. It was filled with carbolic acid (or phenol). The tube would be inserted into a user's nose and squeezed at the bottom to release the vapours. The nose would run, ostensibly flushing out viral infections. The Company published advertisements in the "Pall Mall Gazette" and other newspapers on November 13, 1891, claiming that it would pay £100
Litigation before the judgment in Carlill v Carbolic Smoke Ball Co the Queen's Bench, Hawkins J decided that Carlill was bound to recover £100. The facts were not in dispute. Submissions were made by both sides and then Hawkins J gave his judgment. H. H. Asquith QC (the future Prime Minister) and Herman William Loehnis represented the Carbolic Smoke Ball Co. They made three submissions. Firsly, that there was no contract, because Carbolic had not intended to create an obligation enforceable by law upon themselves, shown by the wide terms in which the advertisement was expressed. The advertisement said the "reward" was for anyone getting influenza "after having used the ball",