Ad description

A leaflet, inserted into the catalogue Life Natural Cures, for Stiff Gel sexual enhancement gel.  It was headlined "Stiff Gel XXX Triple Action.  You too can benefit from the virility AND POTENCY OF PORN STARS!".  The ad included various claims about enhanced sexual performance along with a testimonial and several images of naked couples in sexual poses.  The women's breasts were visible in some of the shots and, while the some of the images included genitals that were pixelated or covered by information bubbles, erect penises were also visible.  Diagrams of erect penises were also shown.

Issue

The ASA received two complaints, from a member of the National Assembly for Wales, who complained on behalf of a constituent, and a member of the public:

The complainants challenged whether the ad was likely to cause serious or widespread offence and was unsuitable for an untargeted medium, in particular because it could be seen by children.

Response

MG Performance said the mailing was intended to appear only in adult top-shelf magazines and soft porn DVD mailings.  They said they would ensure it was inserted into only suitable titles in future.

Assessment

Upheld

The ASA noted the mailing, which we understood appeared in a publication that promoted food supplements, also owned by Life Healthcare, contained overtly sexual content.  We therefore considered it required very careful targeting to avoid causing offence to unsuspecting recipients.  We understood from the complainants, however, that the mailing was unsolicited and considered it was therefore likely to cause serious and widespread offence.  Because it was likely to cause serious and widespread offence and had not been appropriately targeted, we concluded that the ad breached the Code.

The ad breached CAP Code (Edition 12) rules  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 ad must not appear again in an untargeted medium.  We told MG Performance to ensure similar mailings were appropriately targeted in future to avoid causing serious or widespread offence.  We told them to also ensure they advertised with a sense of responsibility to consumers and society.

CAP Code (Edition 12)

1.3     4.1    


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