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ASA Ruling on Enesco Ltd

Enesco Ltd

Brunthill Road
Kingstown
Carlisle
Cumbria
CA3 0EN

Date:

13 March 2013

Media:

Brochure

Sector:

Retail

Number of complaints:

1

Complaint Ref:

A12-217916

Ad

A brochure, for a range of stationery products called "holy crap erin smith art", featured a number of different products which had images of Victorian children alongside quotes. One quote stated "I'm having one of those days where I just want to say "fuck you!" grab a couple of beers, and deploy the emergency slide ...".

Issue

The complainant challenged whether featuring the words "fuck you!" alongside an image of a child was offensive.

CAP Code (Edition 12)

Response

Enesco Ltd (Enesco) said they had featured the product in advertising produced for trade-only brochures and had since deleted it from their 2013 trade catalogues.

A law firm, representing the artist Erin Smith and Erin Smith Art, said the word "fuck" in British media and marketing was not uncommon and was unlikely to cause serious or widespread offence. They also said the advertised products were sold in speciality shops patronised by those specifically looking for edgy, non-standard merchandise whom they believed would not find the image and language offensive. The photograph in question was of the artist's mother-in-law as a child and was used with permission. They believed that, while some may find it distasteful, it did not breach the Code.

Assessment

Not upheld

The ASA considered that some readers might find the words "fuck you" alongside the image of a child distasteful. However, we considered that in the context of a brochure directed at traders only, which promoted various, similarly-themed stationery products produced by the artist, it was unlikely to cause serious offence to the target audience, or cause widespread offence amongst them.

We investigated the ad under CAP Code (Edition 12) rule 4.1 (Harm and offence), but did not find it in breach.

Action

No further action necessary.

How to comply with the rules

For advice and training on the Advertising Codes please visit the CAP website.

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