ASA Adjudication on Bayer plc

Ad

A TV ad for Levonelle One Step emergency contraception featured cartoon-style animation of a worried-looking woman lying in bed next to a snoring man. Above her head a condom balloon floated round the room and burst to reveal the text "The 'condom split' one". The woman was then shown on a bus near to another woman holding a crying baby. Text on the window of the bus stated "The 'I'm not ready for that' one". The ad then featured the woman walking into a chemist where she was given Levonelle One Step by a female pharmacist. The text "The 'only over the counter' one" appeared as she picked up the product. The woman was shown walking out of the chemist with a smile on her face as the text "The 'what a relief' one" appeared on a billboard. A female voice-over said "Levonelle One Step 72 hour emergency contraception. More effective the sooner you take it". On-screen text during the ad stated "Emergency contraception and advice can also be obtained from your GP, Family Planning Clinic or NHS Walk-in Centre" and "Contains levonorgestrel. Always read the label. Not 100% effective".

Issue

112 viewers, who believed the light-hearted, cartoon style of the ad trivialised a serious issue and might lead young people to think that unprotected sex was not a problem and therefore encourage promiscuity, challenged whether the ad was offensive.

BCAP TV Code

Response

Bayer plc (Bayer) said the ad aimed to increase awareness of the fact that Levonelle One Step could be obtained from the pharmacist as an over-the-counter product, providing women with an alternative option to seeing their GP or visiting a family planning clinic. The product was licensed in the UK for women over 16 years of age.

Bayer explained that they had chosen an animated style because they believed it was less likely to portray the user of emergency contraception (EC) in a negative light or stigmatise the use of EC. They said the decision to use EC could be stressful for women and therefore the objective of the ad was to communicate a calm and simple message while reflecting the feelings that women might have in that situation. The woman in the animation was in her mid to late 20s and visibly over 16 years of age. The style of animation was carefully chosen to appeal to an adult audience and there was nothing in the ad that would appeal to young people. Also, it was only broadcast after 9pm in order to target an adult audience.

Bayer said the ad was not 'light-hearted' and pointed out that the depictions of the woman sitting up in bed and on the bus showed that she was worrying about, and contemplating the consequences of, her contraceptive mishap. The ad made clear that the couple had been responsible and used a condom, and that the situation was a consequence of a contraceptive mishap rather than unprotected intercourse, and that the phrase "The condom split one" also demonstrated that. The ad did not depict a one-night stand or refer to casual sex, and there was nothing in the ad that suggested the woman had slept with more than one person or acted impulsively. The ad depicted a couple at home and, rather than encourage promiscuity, was intended to raise awareness that EC was available when a contraception mishap occurred. Bayer said they also featured the condom in the ad in order to make it clear that they encouraged couples to have a regular contraceptive strategy, and that Levonelle One Step was not intended to be used as a regular form of contraception.

Bayer said there was no evidence to suggest that women were more promiscuous when they knew EC was available. It was important that women were informed about the full range of contraceptive options available to them so they could take appropriate contraceptive measures. The ad was factual and communicated how women could obtain the product and that it needed to be used within 72 hours after a contraceptive mishap had occurred. Bayer pointed out that on-screen text stated that women could also get professional advice from their GP, Family Planning Clinic or NHS Walk-in centre.

Bayer said they had consulted with relevant organisations in order to ensure that the ad conveyed a responsible message, and that they carried out extensive market research before the ad was produced in order to understand how women might feel after a contraceptive mishap and to seek their views on the script and style of the ad. The women participating in the market research found the animation to be acceptable and accessible. They provided copies of their consumer research.

Clearcast said the ad offered help to those who feared they might become pregnant through no fault of their own, rather than because they were indulging in promiscuous or unsafe sex. The ad featured a condom splitting and therefore encouraged safe sex while pointing out that accidents could happen. The ad, and on-screen text in particular, made it clear that the product was for emergencies rather than something to be used in a casual manner. They believed the public information tone of the ad justified the use of animation, which was not graphic in itself and did not contain any overt references to sex. Because of the adult theme, they had given the ad a post-9pm restriction in order to keep the ad away from younger viewers.

Assessment

Not upheld

The ASA noted that the visuals and on-screen text referred to the fact that a condom had split, and we considered that it was clear that the couple's method of contraception had failed, rather than that they had had unprotected sex. We also noted that the voice-over and on-screen text referred to the product as "emergency contraception", and we considered that it was also clear from the ad that the product was designed to be used in a specific situation where a contraceptive mishap had occurred, rather than as a regular form of contraception. We noted that the woman looked worried as she was shown sitting in bed and on the way to the chemist, and we considered that the ad suggested that her situation was not trivial but of concern to her. We considered that the animation did not present the woman in a glamorous or fashionable way, and we therefore considered that the style of the ad was unlikely to have particular appeal to young people. Because of that, and because we considered that the ad as a whole did not trivialise the issue of emergency contraception or encourage unprotected sex, we concluded that the ad would not cause serious or widespread offence.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)