Ad description
A photo of a flyer posted by Beau Nightclub on their Facebook page stated "F*#! THE UNION" in large text and "FOR THE REBELLIOUS" in smaller text underneath. Further text stated "BORED OF ALL THE USUAL CLUBS IN DUNDEE. THE TEAM BEHIND BOLDOR BAR NOW HAVE A CLUB. COME ALONG AND CHECK US OUT". The cover photo for their page also stated "Fri - F*#! The Union".
Issue
The complainant challenged whether the ad denigrated Dundee Union Students Association (DUSA), which was also known as ‘The Union’.
Response
Beau Nightclub said they disagreed with the complaint but did not provide a written response.
Assessment
Upheld
We noted that DUSA was also known as The Union and that they operated various club nights, and were therefore a competitor of Beau Nightclub. We considered that the various references to The Union meant that DUSA were identifiable in the ad. We considered that the name of the club night "F*#! The Union" would be understood by consumers as a derogatory reference to DUSA club nights rather than a factual comparison, particularly in the context of the accompanying text "BORED OF ALL THE USUAL CLUBS IN DUNDEE". We therefore concluded that the ad denigrated DUSA.
The ad breached CAP Code (Edition 12) rule 3.42 3.42 Marketing communications must not discredit or denigrate another product, marketer, trade mark, trade name or other distinguishing mark. (Imitation and denigration).
Action
The ad must not appear again in its current form. We told Beau Nightclub not to state "F*#! The Union" in future ads.
