ASA Adjudication on Procter & Gamble UK

Ad

A TV ad for Fixodent showed a couple sitting in a cinema laughing at the screen while eating popcorn; the light patterns of the film flickered intermittently over the couple. The ad then demonstrated the Fixodent product as though filmed on celluloid, projected from the cinema screen. The image included scratches and flickering, which gave it an unsteady appearance.

Issue

One viewer, who suffered from photosensitive epilepsy and said the ad had caused her to experience a seizure, challenged whether it was harmful and inappropriate for broadcast.

BCAP TV Code

Response

Procter & Gamble (P&G) said the ad was no longer being broadcast, but it could be broadcast again in future.

The Broadcast Advertising Clearance Centre (BACC) said they had tested the ad's compliance with the Harding Test (a technical test which analyses flashes and patterns) as part of the clearance process and confirmed that it had passed.

Assessment

Not upheld

The ASA consulted Ofcom for further analysis of the ad. Ofcom confirmed that, although the ad contained some slight flickering, it was well below the limits set out in the flashing images guidance. They pointed out that, although the guidance helped to ensure that the amount of broadcast material likely to be problematic to those who experienced photosensitive epilepsy was reduced to a minimum, unfortunately, it was not possible to eliminate the risk of seizures altogether.

We noted the ad had passed the Harding Test, which was a test designed to measure broadcast material's compliance with the Ofcom Guidance Note entitled "Flashing Images and Regular Patterns in Television".

We also acknowledged Ofcom's comments following further, manual analysis, which explained that the ad fell below the limits outlined in the guidance notes. We understood that, while the guidance notes were drawn up to reduce risk to viewers, the flickering nature of television meant that it was impossible to entirely eliminate risk to viewers with photosensitive epilepsy.

While we were concerned to hear of the complainant's experience, we considered that, in view of the fact that the ad had passed the Harding Test and that, through manual analysis, no breach of the guidelines for flashing material was indicated, it was appropriate for the ad to be broadcast.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 6.7 (Health and safety) but did not find it in breach.

Action

No action required.

Adjudication of the ASA Council (Broadcast)