ASA Adjudication on Puig (UK) Ltd

Ad

A TV ad, for a men’s fragrance, showed a man and a woman in an apartment. The couple were shown in a state of undress and were gazing at each other and embracing on a bed. The voice-over stated "212. 212 Men. Carolina Ferrera, New York". The ad was given an ex-kids scheduling restriction by Clearcast.

Issue

Three viewers challenged whether the ad was offensive and inappropriate for broadcast before 9pm when children might be watching.

BCAP TV Code

BCAP TV Scheduling Code

Response

Clearcast responded on behalf of Puig.  They believed that the ad was stylised and consistent with the artistic nature of perfume advertising.  Although they acknowledged there was a mild sexual tone to the ad, they emphasised that the man and the woman were clothed from the waist down in knickers and trousers and argued the ad was therefore not sexually explicit.  Furthermore, they believed the semi-nakedness was incidental to the overall focus of the ad on shots of longing looks and eye contact between the couple and therefore believed that an ex-kids restriction was sufficient.

Assessment

Not upheld

The ASA acknowledged that the ad featured a number of sequences showing a couple embracing and looking into one anothers eyes and that the ad had a mild sexual overtone. Although we noted  the couple were naked from the waist up, we considered that the majority of sequences in the ad focused on head shots and images of the couple looking into each others eyes which were suggestive but not sexually explicit.  We agreed with Puig and Clearcast that an ex-kids restriction, which prevented the ad from being broadcast in or around childrens programming, was sufficient for the ad's content. Although we understood the ad may have been distasteful to some, we concluded it was unlikely to cause serious or widespread offence to most adult viewers or cause distress to children who might see it.

The ad was investigated under CAP (Broadcast) TV Advertising Standards Code rule 6.1 (Offence) and CAP (Broadcast) TV Scheduling Code rule 4.2.3 (Children.) but we did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)