ASA Adjudication on Xtreme-red

Ad

An ad in a men's magazine stated "Act out your fantasies on film, Earn Big Bucks. Adult movie xtras needed now! Call 08714 XXXXXX or 08714 XXXXXX www.xtreme-red.com"

Issue

A reader, who had answered the ad and paid several thousand pounds up front, objected that the ad was misleading because:

1. the ad did not make clear that obtaining work through the advertisers would involve significant financial outlay;

2. he did not believe the advertised work was available, as he had never been given the precise details of when and where shoots would take place.

The ASA challenged:

3. that the ad did not set out Xtreme Red's full name and contact details and the fact that it was an employment agency, as required by the Code;

4. whether the charge for the premium rate numbers should have been included in the ad.

CAP Code (Edition 11)

Response

1 & 2. Xtreme Red said the complainant was made fully aware that there was no guarantee of work through them and that they could not at any time guarantee him that any production companies would necessarily select him. They said the complainant had not made any payments on the promise of work, but for marketing and advertising on their website.

3. X-treme Red did not respond on this point.

4. They said they would ensure call costs were detailed in any future advertisements.

Assessment

1. Upheld

The ASA considered that, because the ad did not make clear that significant financial outlay would be required, whether for guarantees for film shoots as the complainant said he had been told, or for marketing and advertising on the Xtreme Red website, as alleged by the advertiser, it was likely to mislead.

On this point the ad breached CAP Code clause 3.1 (Misleading advertising) and 7.1 and 7.2 (Truthfulness).

2. Upheld

We asked Xtreme Red to send us evidence that they had placed respondents to their ad in adult movies and also asked them to send us evidence that they had produced marketing and advertising materials for the complainant on their website in return for the monies he had paid. We further asked them to send us a copy of the Terms and Conditions provided to respondents to the ad. They did not do so. We considered that Xtreme Red had not demonstrated that the advertised work was available or that the employment opportunities offered were genuine and concluded the ad was dishonest and misleading on those grounds.

On this point the ad breached CAP Code clauses 3.1 (Misleading advertising) 6.1 (Honesty), 7.1 and 7.2 (Truthfulness) and 52.2 (Employment and business opportunities).

3. We understood that Xtreme Red was an agency which purported to provide opportunities for people to act in adult movies. Because the ad did not make clear that Xtreme Red was an employment agency or detail the company's full name and contact details, as required by the CAP Code, we concluded the ad breached the Code on those grounds.

On this point the ad breached CAP Code clause 52.3 (Employment and business opportunities).

4. Because the phone numbers detailed in the ad were premium rate numbers and their costs were not detailed, we concluded the ad breached the Code on that point.

On this point the ad breached CAP Code clauses 7.1 and 7.2 (Misleading advertising).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)