ASA Adjudication on Ruby Lounge

Ad

A text message from the Ruby Lounge and Cellar 35 venues stated "F**K EXAMS! FREE ENTRY B4 11:30, FREE SHOT b4 12 wit [sic] text, TONIGHT! @ Ruby Lounge & Cellar 35. £1 vodkamxr, Sambuca. Rm1. Pop & Rnb. Rm2. House & Electro. Pass it on".

Issue

The complainant, who was 17 years old and the recipient of the text message, challenged whether:

1. it was irresponsible, because it was sent to under 18-year-olds;

2. the text "F**K" was offensive; and

3.  it had been sent unsolicited.

CAP Code (Edition 11)

Response

Ruby Lounge did not respond to the ASAs enquiries.

Assessment

Upheld

The ASA was concerned by Ruby Lounge's lack of response and apparent disregard for the 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.

1.  Upheld

The ASA understood that the complainant was concerned that the nightclub had used alcohol as an incentive for their free entry offer because he was 17 years old and, therefore, under the legal drinking age.  

We noted the text message referred to "FREE SHOT" and "£1 vodkamxr, Sambuca" following free entry into the nightclub and were concerned that it had been sent to someone under the age of 18.  We reminded Ruby Lounge that the Code required marketers to take all necessary steps to ensure that marketing communications were suitable for those targeted and, in the absence of any satisfactory explanation from them, concluded that the message was irresponsible.

On this point, the ad breached CAP Code clauses 2.2 (Responsible advertising) and 43.2 (a) (Database practice).

2.  Upheld

We understood that the complainant was concerned that the text "F**K" could cause offence, particularly to minors.  We considered that, in the context of an unsolicited text message, it was likely to cause offence.       

On this point, the ad breached CAP Code clause 5.1 (Decency).

3.  Upheld

We referred to the CAP Code, which specified that the explicit consent of consumers was required before marketing by SMS text transmission.  We understood that the complainant had not been asked for or given consent for his telephone number to be used by Ruby Lounge for marketing purposes and concluded that the message had therefore breached the Code.

On this point, the ad breached CAP Code clause 43.4 (c) (Database practice).

Action

The ad must not appear again in its current form.  We reminded Ruby Lounge of their responsibility to comply with the CAP Code provisions on Database Practice and advised them to consult the CAP Copy Advice team before issuing further marketing material.  We also asked CAP to inform their members of the problem with Ruby Lounge.

Adjudication of the ASA Council (Non-broadcast)