Ad description
A direct mailing catalogue, entitled "HOME TEXTILES & Lifestyle", featured products for sale, such as bedding, household goods and mobility aides. Three pages towards the back of the catalogue featured adult DVDs and sex toys.
Issue
Three complainants challenged whether the ads for sex toys were offensive and untargeted.
Response
Chums Ltd said that 65% of their customers were male with an average age of 75 and over. They pointed out that many products in the catalogue were of a personal nature, including mattress protectors. They said, as their business had expanded, they had trialled a number of new ranges, including foot care products, vitamin supplements and mobility aids. They said their adult range was launched in late 2012 in a smaller publication. They explained that, due to its success, they decided to offer a greater variety of adult products. They said that they focused on personal care and stress relief, avoiding overtly pornographic products. They explained that the range was then included in the lifestyle catalogue. They said that they received a positive response from customers and the products became some of the best-selling. They said that they believed they had tapped into a market for those who wanted personal satisfaction and comfort at a later stage in life. They pointed out that some of their older customers would not have access to or the confidence to use the internet to purchase such items. They said that the catalogue offered their customers a convenient way of ordering the products discreetly and without having to leave their house. They said that they had sold 5,000 units from the range and received minimal negative feedback. They said that they had not intended to harm anyone or deter customers from purchasing their regular products.
Assessment
Upheld
The ASA noted that three pages of the catalogue included ads for sex toys. We considered, therefore, that it required very careful targeting to ensure that it was distributed responsibly and to avoid causing offence to unsuspecting recipients. However, we understood that the catalogue had been sent to Chums' entire mailing list, who we understood would receive the catalogue without being alerted about its adult content. We concluded that the catalogue was likely to cause serious or widespread offence when addressed to a general audience and had therefore not been adequately targeted.
The ad breached CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Responsible advertising) and
4.1
4.1
Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of race, religion, gender, sexual orientation, disability or age. Compliance will be judged on the context, medium, audience, product and prevailing standards.
Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code.
(Harm and offence).
Action
The ad must not appear in its current form. We told Chums Ltd to ensure that future marketing communications were not likely to cause serious or widespread offence.
