Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A web page on American Apparel's online store, featured a number of images of young women modelling a shirt in different colours.
a. The first image featured a young-looking woman wearing the nude-coloured shirt, posing with one hand behind her head. Her breasts were visible through the shirt.
b. The second image featured the same woman wearing the nude-coloured shirt, posing with one hand on her hip. Her breasts were visible through the shirt.
c. The third image featured a different woman wearing the black shirt. She was lying on a staircase with her arms raised towards her head, and was looking up towards the camera. Her breasts were visible through the shirt.
d. The fourth image featured the same woman wearing the black shirt, lying on the staircase. Her arms were raised above her head and she was looking up towards the camera. Her breasts were visible through the shirt.
Issue
The complainant challenged whether:
1. images (a) and (b) were irresponsible, because she believed they featured a young girl; and
2. images (c) and (d) were offensive and irresponsible, because she believed the model's poses were overtly sexual and the images were therefore not suitable to be displayed on a website which could be viewed by children.
Response
1. & 2. American Apparel (UK) Ltd (AA) said the ads were completely decent and were a fair representation of their product line.
Assessment
1. Upheld
The ASA considered the model looked under the age of 16. We acknowledged that her poses were not overtly sexual but, because her breasts were visible through her shirt, we considered the images could be seen to sexualise a model who appeared to be a child. We concluded the images were inappropriate and irresponsible.
On this point, ads (a) and (b) breached CAP Code (Edition 12) rule 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Responsible advertising).
2. Upheld
We considered that in both ads the model was looking towards the camera in a seductive manner, and that both poses had the effect of drawing attention to and emphasising the model's breasts, which were visible through the shirt. We considered both poses were sexually provocative and concluded that the images were irresponsible and likely to cause widespread offence, because they were displayed on a website which could be viewed by, and was likely to have appeal to, children under 16 years of age.
On this point, ads (c) and (d) breached CAP Code (Edition 12) rule
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 ads must not appear again. We told AA they should not use images which were likely to sexualise models who appeared under 16 years of age, and they should not use images which were likely to cause offence.
