ASA Adjudication on PABO Ltd

Ad

A sealed leaflet, inserted in the TV Times magazine, promoted a Pabo catalogue of erotic products. On the outside of the leaflet, text on one side stated "I have two exciting & sexy surprises for you! Read on some more for a nice surprise!". On the other side, text stated “Ooh la la! 2 sexy surprises are ready and waiting for everyone over 18!" and, in a box at the bottom of the leaflet, smaller text stated "IMPORTANT NOTICE: This envelope contains an offer of an erotic nature. If you are not into eroticism or are under 18 years old then kindly discard this envelope unopened!". Both the outside and inside of the leaflet featured photographs of women in lingerie. When the leaflet was opened, text inside stated "... Pabo's lovely erotic catalogue contains everything you need to maintain a rich and varied sex life! Things such as: seductive lingerie, loving fashions, sizzling sextoys, sensuous stimulants, and scorching DVD's ...".

Issue

The complainant believed the insert was offensive and inappropriate to be included in a magazine where it could be seen by children.

CAP Code (Edition 11)

Response

PABO did not respond to the ASA's enquiries.

The TV Times stated that they had no record of the insert on their system.  They said they had not carried PABO marketing material since the middle of 2004 and, if they had, the material would have been checked thoroughly before appearing in the magazine.  They believed the leaflet could have been inserted in error or the complainant could have been mistaken about where the insert appeared.

Assessment

Upheld

The ASA was concerned by PABO's lack of response and apparent disregard for the CAP Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their obligations under the Code and told them to respond promptly in future.

Complaint not upheld

We noted the leaflet was sealed and contained a warning that the product on offer inside was not for people under the age of 18 years.  We nevertheless considered that the leaflet, even when opened, did not contain explicit language or images and was unlikely to cause serious or widespread offence.  Although we could not be certain that the insert had appeared in the TV Times, we considered that it was not inappropriate for inclusion in that magazine.

We investigated the ad under CAP Code clause 5.1 (Decency) but did not find it in breach.

Action

We reminded PABO of their responsibility to respond to ASA enquiries promptly in future.

Adjudication of the ASA Council (Non-broadcast)