ASA Adjudication on Newspaper Marketing Agency Ltd

Ad

A national press ad, for the Newspaper Marketing Agency, included two identical images of a man, who appeared to be pregnant. One of the images was headlined “Would you be more careful if it was you that got pregnant?”; text below the other stated “AMAZING THINGS CAN HAPPEN WHEN YOU ADVERTISE IN NEWSPAPERS”. Further text stated “Nothing demonstrates the power of newspaper advertising more effectively than this iconic Health Education Council ad. One great image combined with a few well-chosen words and - Bam! - a whole generation of men grew up with a more responsible attitude to contraception. Not only does the ad retain its power almost forty years after first appearing (it stopped you from turning the page, remember), but the principle that made it successful still holds true. No other medium - and there’s a lot of them these days - allows you to talk to people in such an emotionally engaging manner. Newspaper advertisements are powerful. Isn’t it about time you impregnated your audience’s minds with one?”.

Issue

The complainant challenged whether the ad misleadingly suggested that the 'pregnant man' ad was successful because it was published in the press, whereas he believed that it first gained recognition when it appeared as a poster in doctors' surgeries.

CAP Code (Edition 11)

Response

Newspaper Marketing Agency Ltd (NMA) said they had spoken to the agency that had originally published the ad; they confirmed it had appeared in the press but, because it was from the 1970s, they no longer had a physical record of the media plan.  The Health Education Council no longer existed so the NMA were unable to verify that information with them.  The photographer involved had however told them that it appeared in the press "countless times".  

The ad was not intended to suggest that the poster did not make a contribution to the campaign; however, it was self-evident that newspapers were a mass market medium. The inclusion of the ad in newspapers would have communicated the story widely and driven the high level of recognition that was achieved.  By contrast, distribution in surgeries would have been limited by nature.  The ad subsequently also featured in newspaper editorial, which was a key reason why ignition advertising was run in national newspapers and would have driven further audience recognition of the campaign.

Assessment

Not upheld

The ASA considered that the ad, in particular the text "Nothing demonstrates the power of newspaper advertising more effectively than this iconic Health Education Council ad ... " and "... the principle that made it successful still holds true.  No other medium - and there's a lot of them these days - allows you to talk to people in such an emotionally engaging manner.  Newspaper advertisements are powerful ... ", implied that the original ad had gained some recognition as the result of press advertising.  

We noted from the evidence we could gather, which was incomplete, the ad had appeared in doctors' surgeries as a poster but had also appeared in press advertising.  We acknowledged that press advertising was likely to be seen more widely than that in doctors' surgeries; we considered the claim that the ad had caused a considerable impact, at least in part (though not exclusively), because it had appeared as a newspaper ad was not misleading.  We concluded the ad was not misleading.   

We investigated the ad under CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)