ASA Adjudication on BMW (GB) Ltd

Ad

An interactive internet ad, for the new Mini range, on a newspaper website. The ad featured a close-up of a man, sat at the wheel of a car, driving down a road. In the corner of the ad there was a graphic of an accelerator peddle superimposed over the image. Text close to it stated “FLOOR IT”. When the user clicked on the graphic of the pedal, the car appeared to accelerate and the man’s head was pushed back into his seat. If the user continued to click on the pedal, the man's face began to ripple with the g-force caused by the acceleration of the car. The ad finished by stating “NOW WITH EXTRA OOMPF THE ALL NEW MINI ONE MINI COOPER MINI COOPER S AND MINI COOPER D”.

Issue

The complainants objected that the ad was irresponsible and encouraged speeding.

Investigated under CAP Code clauses 2.2 (Responsible advertising), 10.1 (Safety), 48.2, 48.3 and 48.5 (Motoring).

CAP Code (Edition 11)

Response

Glue London (Glue) responded on behalf of BMW (GB) Ltd.

Glue said MINI marketing campaigns were aimed at people who enjoyed MINIs sense of fun and cheekiness. They pointed out that MINI had a tradition of using humour in their ads and that the situation depicted was intended in that spirit. Glue said speed and acceleration were not the predominant message of the ad. They maintained that it was intended to generate interest in the launch of the new MINI range and to promote the new MINI engine, which had improved emissions and fuel consumption.

Glue pointed out that the ad was user initiated and that, unless interacted with, the man was seen to be driving within the speed limit, wearing a seat belt and regularly checking his mirrors. They said the accelerator demonstrated the overboost function where the drivers face became increasingly distorted as if hit by g-force. They pointed out that such a result was obviously unattainable by driving a MINI Cooper or MINI Cooper S. Glue said the effect used in the ad to demonstrate the acceleration achieved as a result of overboost was made possible by using an air cannon in the actors face. They maintained that that created a disconnect that helped people to form the perception that the ad was not in the real world.

Glue said the interaction was used to provide fun and engagement for the user, which they believed consumers wanted more of from advertising. They stressed, however, that the action was seen only if the user chose to interact with the ad and that it did not form part of the general online browsing experience. They maintained that users would understand that the ad was an obvious exaggeration for comedic value and that the car was not depicted driving over the UK speed limit and no references were made to the actual speed or driving at high speeds in a MINI. Glue pointed out that MINI had an excellent safety record and that they took social responsibility very seriously, investing heavily to improve both safety and environmental impact. Glue said MINI had received no complaints about the ad, but that the campaign had now ended and would not be shown again.

Assessment

Upheld

The ASA noted the ad was user initiated and that the depiction of the mans face in a car, when it seemed to travel at very high speeds, was not visible to users who merely browsed the website. Although we also noted the surreal nature of the ad and that a MINI could not achieve the speeds depicted, we nonetheless considered that the ad encouraged users to interact with it and cause the man to be shown travelling at excessive speeds. We considered that the ad made speed and acceleration the predominant message and could be seen to encourage speeding.

The ad breached CAP Code clauses 10.1 (Safety), 48.2, 48.3 and 48.5 (Motoring).

Action

We told BMW not to repeat the approach and advised them to consult CAP Copy Advice when preparing future ads.

Adjudication of the ASA Council (Non-broadcast)