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.