ASA Adjudication on Indiana BV

Ad

A direct mailing that contained a brochure for hardcore pornography DVDs, sex toys and a leaflet for chat lines was sent in an envelope with "FREE DVD OFFER" written on the outside in large letters. "LOOK INSIDE FOR FURTHER DETAILS" was written in smaller text beneath that. "PRIVATE AND CONFIDENTIAL TO BE OPENED BY ADDRESSEE ONLY" was written above the envelope window and small text in the bottom left hand corner stated "FOR ADULTS ONLY".

Issue

The complainant challenged:

1. how the advertiser got her address because the hardcore pornography contained in the brochure was unsolicited; and

2. whether the warning "FOR ADULTS ONLY" was sufficiently prominent on the envelope considering the material contained within it.

CAP Code (Edition 11)

Response

2Lips acknowledged that it could be very unpleasant for someone to receive a brochure for products in which they were not interested. They said they processed the orders and payments for the business, but used a different company to organise the mailings. They said that that the company would not give them detailed information about how they got the addresses to who they sent the brochures. However, they said that if they did not receive a response to a mailing then no further advertising would be sent to that address.

Assessment

1. Upheld

The ASA noted 2Lips' comments that another company prepared the mailings on their behalf. However, because 2Lips could not explain how that company had got the complainant's address, we considered that they had not taken sufficient precautions to prevent the hardcore pornography contained in their mailing being sent to someone who had not requested it.

On this point the ad breached CAP Code clauses 2.2 (Social responsibility), 5.1 (Decency), 43.2(a), 43.2(b) and 43.2(c) (Database practice).

2. Upheld

We noted that the text "FOR ADULTS ONLY" was just two millimetres high and was written vertically on the left hand side of the envelope, where it could be easily missed. Because 2Lips did not persuade us that they had sufficient measures in place to ensure their mailings were only sent to people who had requested them, and because the envelope contained material that some people may find highly offensive, we considered that the warning "FOR ADULTS ONLY" should be more prominent.

On this point the ad breached CAP Code clause 2.2 (Social responsibility).

Action

We told 2Lips to ensure they only sent marketing communications to consumers who had expressed an interest in receiving them, and advised them to make the "FOR ADULTS ONLY" warning more prominent.

Adjudication of the ASA Council (Non-broadcast)