Cookies policy statement
We are using cookies on our site to provide you with the best user experience.
Disabling cookies may prevent our website from working efficiently. Click ok to remove this message (we will remember your choice).
OK

ASA Ruling on Firebox.com Ltd

Firebox.com Ltd

Unit 6.10 The Tea Building
56 Shoreditch High Street
London
E1 6JJ

Date:

22 October 2014

Media:

Internet (on own site)

Sector:

Retail

Number of complaints:

1

Complaint Ref:

A14-266177

Ad

An ad on the home page of www.firebox.com, featured a product entitled the "UNT Mug" and showed a picture of the mug, which had a C-shaped handle and the letters UNT printed after it.

Issue

The complaint challenged whether the ad was likely to cause serious offence.

CAP Code (Edition 12)

Response

Firebox.com Ltd said the image referred to a product being sold on their ecommerce website and the C-shaped handle was the same shape as for regular mugs in the UK. They said the mug was a best-selling product and, therefore, regularly featured on their home page and product feeds. They said the product was fun, humorous and cheeky and did not cause offence. If consumers were offended by the product, they could choose not to visit their website in future. They said that they had not marketed the product in e-mail communications or advertised it more widely than the website, but over 325,000 people had viewed the product page directly, 19,000 people had shared the product through social media likes and 8 million people had viewed their home page since it's launch. They explained that the product could only be found via search engines if the specific name was searched for and they did not advertise it in any generic way.

Assessment

THIS ADJUDICATION REPLACES THAT PUBLISHED ON 16 JULY. THE WORDING OF THE ASSESSMENT HAS CHANGED BUT THE DECISION TO UPHOLD THE COMPLAINT REMAINS.

Upheld

The ASA considered that the product listing was an ad which fell within the remit of the CAP Code. We understood that the product in question could be purchased directly from the website and therefore considered the product listing to be directly connected with the supply or transfer of goods and that the content therefore fell within the remit of the Code.

The full expletive had not been spelt out and, instead, used the handle of the mug to create the impression of the "C". However, the handle was painted black and matched the "UNT" letters on the mug, contrasting the white background. We considered consumers would therefore understand that the intended meaning of the "UNT" letters placed next to the "C" shaped handle was to spell "CUNT"; especially as the product was entitled the "UNT Mug". While, in the context of an online shop, it was likely that the ad would be mostly viewed by adults rather than by children, we considered that a clear allusion to the word 'cunt' was likely to offend and, therefore, marketing communications should only market products that contain expletives or words, or allusions to expletives or words that were likely to cause serious or widespread offence if they had given a clear and prominent warning on their website to potential viewers. We concluded the ad was likely to cause serious or widespread offence.

The ad breached CAP Code (Edition 12) rules 1.3 (Responsible advertising) and 4.1 (Harm and offence).

Action

The ad must not appear in its current form. We told Firebox.com Ltd to ensure that future marketing communications that market products containing expletives or words, or allusions to expletives or words, that were likely to cause serious or widespread offence, were given a clear and prominent warning on their website to potential viewers.

How to comply with the rules

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

Latest tweets

Make a complaint

Find out what types of ads we deal with and how to make a complaint.

Press Zone

This section is for journalists only. Here you will be able to access embargoed material, breaking news and briefing papers as well as profile details for the ASA press office.