Ad description
An Instagram ad for Gymbox Official, posted on 20 September 2024, included text that stated, “AN IMPORTANT MESSAGE FROM THE GYMBOX TEAM”. The ad included a photo of a condom pack with text on it that stated, “PRACTICE SAFE SETS GYMBOX”. Further text stated, “PRODUCT RECALL Recently we handed out over 6,000 condoms as part of a promotional giveaway […] We are recalling batch 3809-3. We are sincerely sorry for any inconvenience this may cause you. For more information and any concerns, please email [email protected].”
Issue
The complainants, who understood that the product recall for the condoms was a hoax, challenged whether the ad was irresponsible and caused undue distress.
Response
Sparring Partners Ltd t/a Gymbox said that the ad was not just a way of promoting their gym membership, but it was also a way to promote sexual health awareness.
They stated that if consumers emailed the address in the ad, they received an immediate response email which included advice and support on the topic of sexual health. They said that all health was important to them as a company, and they believed it was a good way to promote this topic. They provided a copy of the email.
They said that they would remove the ad.
Assessment
Upheld
The CAP Code stated that marketing communications must be prepared with a sense of responsibility to consumers and to society, and must not cause fear or distress without justifiable reason.The ad included an image of a Gymbox branded condom and stated that the condoms they had recently handed out were being recalled. We understood that the product recall was a hoax. We considered that consumers who had been given a free condom from Gymbox and had seen the ad, were likely to understand that the condoms had a fault which may have made them less effective at preventing pregnancy or reducing the risk of sexually transmitted infections, including HIV.
We considered that unwanted pregnancy and sexually transmitted infections were serious concerns for consumers because they could have life-changing implications. We therefore concluded that the ad was likely to have caused distress to some consumers.
We noted that the ad included an email address and, if consumers contacted this address, they received an email that explained that the product recall was a joke and offered them a promotional code for Gymbox membership and a brief message on where to get information about sexual health. However, we considered that many people who saw the ad would not have emailed Gymbox to seek more information and therefore, because there was nothing in the ad itself to explain that the product recall was a hoax, would be unaware that it was a joke.
We therefore concluded that the ad was likely to cause undue distress without justifiable reason and was irresponsible.
The ad breached CAP Code (Edition 12) rules 1.3 (Social Responsibility) and 4.2 (Harm and Offence).
Action
The ad must not appear again in the form complained of. We told Sparring Partners Ltd t/a Gymbox to ensure that their ads were prepared with a sense of responsibility and did not cause undue distress.
