Without wishing to channel our inner Scrooge, it’s important for us to remind you that the Advertising Codes apply all year around. Christmas is no exception. Below are three ways to ensure its ‘Christmas as usual’ for your 2024 festive campaigns.
Be more Scrooge: don’t encourage irresponsible spending
You must not encourage irresponsible Christmas spending using credit. This includes via Buy Now, Pay Later schemes.
The ASA published two rulings upholding complaints against ads for ‘Christmas loans’. One offered to ‘Take the stress out of the festive season…’ and said customers could ‘Cherish every moment of the holidays without fretting over your budget’.
According to the ASA, the ad suggested the loan could make Christmas stress-free. It reinforced the impression consumers would, by taking the loan, avoid financial worry, and be able to spend more. The ASA decided the claims and imagery made light of the decision to take on debt and encouraged overspending. The ad was, therefore, considered socially irresponsible, contrary to Rule 1.3. The same conclusion was reached in respect of a second ad.
Sorry to Kramp(us) your style: don’t let restricted product ads appeal to kids
If you’re advertising restricted products (i.e. gambling, electronic cigarettes etc), be cautious when using Christmas as a theme.
Ads for gambling products must not appeal strongly to under 18s (Rule 16.3.12). As explained here, depictions of Christmas and its traditions are likely to be of strong appeal.
That said, it’s ultimately how Christmas is depicted which will determine if an ad is likely to hold strong appeal. For example, when ruling on an ad featuring a choir singing carols, the ASA decided this depiction of Christmas was unlikely to appeal strong to children.
According to guidance, Santa Claus carries a ‘high risk’ of breaching the rule, irrespective of how he is styled. Colourful, Christmas cartoon elves have also been found in breach
Similar rules prohibit ads for other restricted products, like e-cigs, from appealing particularly to children (Rule 22.9). For example, cartoon depictions of various Christmas characters were found to be problematic.
Don’t be Bad, Santa: avoid causing religious offence
Ads must not be likely to cause serious or widespread offence (Rule 4.1). This includes religious offence. A sex toy ad which appeared at Easter and included “res-erection”, and “Sinful Sunday” was considered unacceptable on that basis.
Conversely, the ASA confirmed that poking fun at the effect of consumerism on Christmas in a Mulberry ad was unlikely to breach the CAP Code. A similar conclusion was reached for an ad depicting Jesus in an Easter Bunny costume. The ASA decided most would not find this portrayal to be mocking or derogatory.
Let it be (sn)own, if you need advice on non-broadcast ads in the run up to the 25th, there is no need to feel (Home) Alone. Send our Copy Advice elves a query for a gift-wrapped response within 24 hours.
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