ASA Adjudication on Lelli Kelly SpA

Ad

A TV ad, for children's shoes, showed a free bag that contained nail polish and a watch with a mirror and lip gloss. The ad showed three girls playing with the bag, applying the lip gloss and the nail varnish and looking in the mirror.

Issue

A viewer, who commented that the girls seemed to be under ten years old but were wearing make-up and nail varnish, complained that the ad was offensive and inappropriate because it sexualised children.  

BCAP TV Code

Response

Lelli Kelly said the girls were merely showing each other the shoes they were wearing and the related accessories: a transparent lip gloss and nail polish in several colours. They argued that the girls were dressed very appropriately for their age.  They said there was no inappropriateness in the girls' behaviour and the ad merely mirrored the normal daily life of girls of the same age.  They claimed the make-up was represented as a toy, leaving no doubt as to the moral integrity of the ad.

Lelli Kelly explained that the ad was set in an imaginary park. They pointed out that the girls merely played and jumped while one of them put on the lip gloss, without any winking or suggestive gestures.  They said another part of the ad showed the application of nail polish of different colours on a girl's fingers.  

They said similar ads had been broadcast in many EU countries and the USA for many years and had generated no complaints.  They maintained that they had always paid particular attention to their marketing material and ensured that the depiction of children in TV ads and press campaigns was appropriate for their age.  

The Broadcast Advertising Clearance Centre (BACC) said they believed the ad was innocent.  They explained that the trainers were not sensible-looking shoes because they were gold or silver and quite sparkly, and would appeal to girls of about 10 to 13 years old.  They said girls of that age tended to like sparkly, fluffy, pink things and so the added attraction of receiving a pink, fluffy goody bag that contained a pink watch would be of great appeal.  They explained that the bag also contained a mirror and nail varnish and that the lip gloss was inside the watch.  They said children loved dressing up, face painting and putting on make-up, and that they would often see their mother doing the same and love to copy her. They said the items were all toys and quite harmless, and that only about six or seven seconds of the ad was taken up with the lip gloss and nail varnish.  They pointed out that the children were dressed as children, in jeans, shirts, jean jackets and socks.  They said that could in no way be described as sexually provocative or offensive, and the children were doing what children normally did. 

Assessment

Not upheld

The ASA noted the ad was for children's shoes and featured pre-teen girls playing with the bag of accessories that came with the shoes.  We also noted it appeared on a channel that broadcast cartoons and children's programmes.  We acknowledged the complainant's concern that it was inappropriate to show make-up in advertising for that age range.  We considered, however, that the fluffy pink bag, brightly coloured nail varnish and imitation watch containing a lip gloss would be seen as children's toys rather than an adult make-up kit.  We also considered that the application of lip gloss and fun-coloured nail varnish was likely to be regarded as acceptable for that age group.  Because the girls were shown acting in a childlike way, dancing and waving their arms, we considered the overall effect was one of dressing up and play.  Although the girls did appear to be wearing make-up, we considered that they were not heavily made-up and were not wearing revealing or inappropriate clothing.  We considered viewers were unlikely to interpret their behaviour or appearance as sexual or provocative.  We concluded that the ad did not portray the girls in a sexually provocative manner and was unlikely to cause harm to children or serious or widespread offence to viewers.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code Rules 6.1 (Offence), 7.4.1 (Mental Harm) and 7.4.5 (Sexuality) but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Broadcast)