Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
The ASA has upheld complaints about several advertisements for contraceptive products on the grounds that the ads have caused serious or widespread offence. The CAP Code states that marcoms should contain nothing that is likely to cause serious or widespread offence but the fact that a particular product is offensive to some people is not grounds for finding a marketing communication in breach of the Code. (Rule 4.1).
When advertising contraceptives, marketers should avoid direct references to religion even if their intention is humorous. In 2004 the ASA upheld complaints about an advertisement, for a morning-after pill, that employed the headline "Immaculate contraception?” because the conflict with Catholic religious dogma was likely to cause serious or widespread offence (Schering Health Care Ltd, 22 Dec 2004).
Less direct religious references than “Immaculate Contraception” might be acceptable. A complaint about a condom ad that appeared around St Patrick’s day, a religious holiday, featured the slogan “To Be Sure, To Be Sure” was not pursued on religious offence grounds.
Although contraceptives are inextricably linked to sexual activity an excessively explicit approach could nevertheless cause serious or widespread offence. In 2003, the ASA received complaints about a poster campaign that spelled out the words “Ejaculater” and “Roger More” in inflated condoms (SSL International plc, 21 March 2003 and 4 June 2003). That approach was deemed unsuitable for an untargeted medium that was likely to be seen by children. Equally, posters for Trojan condoms that showed men’s and women’s faces in the throes of orgasmic ecstasy and invited consumers onto the Trojan website to “Come online & Play THE SEX ORGAN” were deemed too strong for untargeted media. The ASA was concerned that the advertisement actively encouraged onlookers, among them children, to view sexually explicit material on the website (Carter Products Ltd, 13 Oct 2004).
Marketers should ensure that they target consumers very carefully when sending out direct marketing material promoting contraceptives. The ASA upheld a complaint about a business mailing that included a free condom in 2002 (The Works (UK) Ltd, 24 April 2002) because it was likely to seriously offend individuals who opened the mailing. But the ASA did not uphold complaints about a mailing that had advertised, but not included, Persona, a contraceptive device. The ASA noted that the tone and wording of the mailing was sensitive and that the marketers had taken every precaution to ensure that it had been carefully targeted, even though one complainant undergoing IVF treatment had been upset to receive it (Unipath Ltd, 8 March 2003).
Marketers, especially government bodies and charities, often use tongue-in-cheek humour in campaigns encouraging the use of contraception to avoid unwanted pregnancy or STIs. The ASA is likely see it as a light-hearted approach to an important and hard-to-address subject and unlikely to breach the Code.
Images of condoms or references to contraception in ads for other products can be acceptable. Complaints about a car ad that pictured five unused, wrapped condoms alongside the slogan “Perform Safely” were not upheld when the ad appeared in the sports section of a national newspaper (Seat UK, 16 March 2005). A magazine insert, which showed an image of an unravelled condom and the claim “Orgies … Operational recovery guaranteed in every situation …” was, however, found to breach the Code (Advanced Group, 2 August 2006).
References to strong expletives in this context – as in any other – are likely to offend. Complaints about French Connection were upheld in 2003 when the company sent out an e-mail promoting T-Shirts with the slogans “FCUK If You Don't Believe in Oral Sex Keep Your Mouth Shut" and "Practise Safe Sex Go FCUK Yourself" (French Connection plc, 6 Aug 2003).
Last modified : 26 July 2010