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 generally disallows references to drugs in marketing communications. Many decisions against marketing communications that have depicted or implicitly or explicitly referred to drugs have been taken because the ASA considered that, by not condemning drug use, marketers were at best encouraging apathy towards, and at worst condoning, illegal drugs and drug use (Imperial Tobacco Ltd, 19 November 2003; Soho Drinks Ltd, 14 August 2002; VH1, 13 March 2002; Cinnamon Club, 18 July 2001; Channel 5, August 1999, and IPC Magazines, July 1999).
The ASA has been more lenient on the use of images of drugs to reflect the content of television programmes. In 2005, the ASA rejected a complaint about a poster for the television programme Weeds. The ad was headlined "Some mums cut the grass. She sells it" and showed a woman smiling next to a photo of a marijuana leaf. Although the complainant objected that it was irresponsible, the ASA considered that the ad was unlikely to condone illegal drug use and merely reflected the content of the programme. More recently, the ASA rejected complaints about a poster, for the television programme Gold Plated, that showed a credit card with white powder along the edge. Again, the ASA considered that it was likely to be seen as reflecting the content of the TV drama and unlikely to be seen as glamorising drug use (Channel 4 Television Corporation, 17 January 2007). Even if it is relevant to the product being advertised, marketers should be wary that references or allusions to drug use are in danger of being judged to be socially irresponsible, guilty of condoning illegal activities and offensive (Rules 1.3, 1.10 and 4.1).
Marketers of drug rehabilitation centres, abuse clinics and the like may refer to drugs in the context of encouraging users to give up drugs.
See ‘Social Responsibility’ and ‘Legality’.
Last modified : 29 July 2010