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Great Grass MCR Ltd t/a Great Grass
widespread offence and included a gender stereotype in a way that was likely to cause harm. We concluded and caused serious or widespread offence by featuring a harmful gender stereotype and objectifying widespread offence, including by featuring a harmful gender stereotype by objectifying women.
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International Men’s Day 2024
. Don’t use harmful gender stereotypes Code rules prohibit ads from featuring harmful gender considered problematic. Gender stereotypes might include associating certain occupations or stereotypes, and Advertising Guidance provides additional scenarios which demonstrate what is likely to be
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Cosmetic Interventions: Social Responsibility
likely to be seen as degrading, objectifying or gender stereotyping - see Sexualisation
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W8 Tech Cyprus Ltd t/a Seeking
The complainant, who believed that the ad was sexist and perpetuated negative gender stereotypes, challenged advertisements must not include gender stereotypes that were likely to cause harm, or serious or widespread offence. CAP guidance said that ads may feature people undertaking gender-stereotypical roles, but they
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04 Harm and offence
. Advertisements must not include gender stereotypes that are likely to cause harm, or serious or widespread offence.See Advertising Guidance: “Depicting gender stereotypes likely to cause harm or serious or widespread offence?”
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Frighteningly Good Ad Compliance: A Halloween How-To
sexualised models in lingerie, and promoted harmful gender stereotypes. Care must also be taken with
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Smoothing out the wrinkles of advertising Botox
, exploited women’s insecurities around aging, and perpetuated the harmful gender stereotype that
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Children: Sexual imagery
, an irresponsible gender stereotype likely to cause harm too. (Oasis Games Ltd, 28 September 2022 ‘Offence: Sex', ‘Offence: Sexualisation and objectification’ and ‘Harm and Offence: Gender stereotypes’.
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04 Harm and offence
gender stereotypes that are likely to cause harm, or serious or widespread offence.See Advertising Guidance: "Depicting gender stereotypes likely to cause harm or serious or widespread
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Violence: Condoning or encouraging
Marketing communications must contain nothing that is likely to condone or encourage violence or anti-social behaviour (Rule 4.4). Approaches that feature violent scenarios or imagery, especially if its use is gratuitous, could be considered irresponsible and likely to condone violent behaviour. Graphic depictions of violence Violence against women Weapons Relevance to the advertised product Public sensitivity Depictions of violence Graphic depictions or implications of violence should be avoided, even where they rely on humour. In 2022 the ASA upheld complaints about an embedded YouTube ad for a VPN service that featured a conversation in which one presenter became increasingly frustrated and smashed a glass over the head of the other presenter, who was then shown whimpering with a blood-like substance on his face. (Surfshark B.V. 18 January 2023). The ASA acknowledged that the ad was intended to be humorous and satirical, and that the ad had a ‘slapstick’ tone. However, the ASA concluded that the ad irresponsibly featured scenes with a level of violence that was likely to cause distress to viewers that was unjustified and was irresponsibly targeted on YouTube where is might be seen by a general audience. Violence against women The ASA has upheld several complaints about ads that seem to condone domestic violence, sexual assault or violence against women. In 2021 the ASA upheld a complaint about an in app ad for a mobile app game that implied a threat of violence against a woman, ruling that the ad trivialised and condoned the serious and sensitive subject of domestic violence.(AppQuantum Publishing Ltd 24 November 2021). Complaints about two more in-app ads were upheld on similar grounds in 2023. (Dreame Media 3 May 2023) and Play&Date Entertainment Zone 29 November 2023) An ad that appeared in a mobile app game rated as suitable for all was banned in 2024 because it trivialised and condoned sexual assault and sexual violence and presented a woman as an object of sexual gratification. This use of a gender stereotype was also considered likely to cause harm. The ad featured a drunk soldier threatening to sexually assault a frightened and distressed woman (FunPlus International AG 17 January 2024) A complaint about a programmatic ad that appeared on the Guardian website was upheld May 2023. It advertised a T-shirt that featured the text “BEAT ME BITE ME WHIP ME FUCK ME LIKE THE DIRTY PIG THAT I AM CUM ALL OVER MY TITS AND TELL ME THAT YOU LOVE ME THEN GET THE FUCK OUT”. The ASA concluded that the aggressive and sexual swearing and allusions to violent sexual acts in “BEAT ME”, “BITE ME” and “WHIP ME” dehumanised and presented women as stereotypical sexual objects to be used by men for sexual gratification. (Redbubble Ltd 17 May 2023) Depicting weapons Marketers who depict guns should take great care to ensure that the approach is suitable both for the product being advertised and the intended audience. In 2023 the ASA upheld complaints about an Instagram ad for a clothing retailer that featured a hooded figure repeatedly firing a semi-automatic weapon at a human shaped figure wearing a pink coat, agreeing that it condoned and encouraged violence. (ThruDark Ltd 18 October 2023). Although this ad for kitchen knives did not show any violence, the complainants were particularly concerned that, at a time of rising knife crime, the ads could encourage violence, particularly amongst young people. The ASA noted that the ad did not refer to food preparation or feature a kitchen setting. They considered that way the knife was shown meant that at least some of those who saw the ad would interpret it as an ad for a potential weapon. (UAB Ekomlita 11 May 2022) See Weapons: General for further guidance. More subtle images are less likely to be problematic, although advertisers should be careful with ad placement and targeting. Thanks to its careful targeting, the ASA chose not to uphold complaints about a TV ad for a film, shown during coverage of a European football match. The ad featured scenes of guns and a man being shot and the ASA considered the ex-kids scheduling restriction applied by Clearcast was appropriate because content of the ad was unsuitable for younger children. (ITV Broadcasting Ltd 22 April 2022). Relevance to product Marketers might have more leeway if the violence depicted is relevant to the product, for example, if it reflects the content of a book, film or computer game. But relevance is not always a ‘get out of jail’ card. See Video games and films for further guidance on advertising these products. Public sensitivity Marketers should be mindful that the public’s sensitivity can shift over time and with current events. In 2019, following incidents of milkshake being thrown at public figures, the ASA upheld complaints that the claim "Dear people of Scotland. We're selling milkshakes all weekend. Have fun. Love BK. #justsaying" in a tweet advertising a fast food restaurant encouraged violence and antisocial behaviour (BKUK Group Ltd 2 October 2019). See also: Sexual and domestic violence, Alcohol: Violence, Mental Health: ‘Triggering’ or traumatic imagery, Fear and distress, Antisocial behaviour and Social Responsibility.
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Claims in product names
On occasion, product names include health or weight loss claims, or objective claims about the product. The CAP Code applies to claims which appear in product or company names in the same way as it does to claims appearing elsewhere in ads. Marketers should avoid making any claims in their product or company name, unless the claim is an acceptable claim which can be made about the product. Health claims in names for food products Book and publication titles Responsibility, harm and offence Health claims in names for food products For foods, all product and brand names must comply with Section 15 of the CAP Code. A health claim for a food should only be made if the claim is “authorised” and listed on the GB NHC Register (rule 15.1.1). Similarly, only nutrition claims listed in the GB NHC Register may be used in ads. Ads must conform with the conditions set out in the GB NHC Register for both health and nutrition claims. If a product name states or implies that the product has a nutritional or health-related benefit, it must be accompanied by a relevant authorised health or nutrition claim from the GB NHC Register. If there are no relevant authorised claims on the GB NHC Register, the product name could be deemed to be making an unauthorised claim. In 2023, the ASA investigated an ad in which the term ‘probiotic’ featured in the product name ‘Smart Probiotic’. In the context of the ads as a whole, consumers were likely to understand the term ‘probiotic’ as describing a substance that contributed to the general good health of the gut. This term was considered a general health claim, and in the absence of an accompanying authorised specific health claim, the claim breached the CAP Code (Braincare Ltd, 31 May 2023). In 2018 the ASA considered that the product name “Carb Blocker Capsules” was a health claim, as consumers would understand the process of ‘carb blocking’ to be a health benefit. According to the advertiser, the product contained chromium, for which there were two authorised health claims on the Register. However, the product did not meet the conditions of use associated with these claims, ‘Carb Blocker’ did not accurately reflect the meaning of either claim (which related to the metabolism and blood glucose levels respectively), and the product name was not accompanied by a relevant claim (as none existed in respect of ‘Carb Blocker’). Consequently, the use of the product name breached the CAP Code (Protein World Ltd, 21 March 2018). Some exemptions for food products previously applied. For example, trade marks or brand names that existed before 1 January 2005 did not have to be accompanied by a relevant, authorised claim until 19 January 2022. This period has now passed, so trade marks or product names which existed pre-2005 must now be accompanied by a relevant authorised claim, or be understood by consumers as having the same meaning as an authorised claim. Marketers who previously relied on this exemption are advised to obtain legal advice on the use of the product name in advertising going forward. Also see CAP Advice on Food: Health and Nutrition (General), Weight control: claims in names, and Food: general health claims. Book and publication titles Code rule 3.8 states: “Claims for the content of non-fiction publications should not exaggerate the value, accuracy, scientific validity or practical usefulness of the product. Marketers must ensure that claims that have not been independently substantiated but are based merely on the content of a publication do not mislead consumers”. If the title of a book or publication constitutes an unproven objective claim, it may be featured in advertising provided the title is in inverted commas and is followed immediately by the author's name. The rest of the ad should make clear the title is not an objective claim. For example, a claim such as “How to cure depression by drinking tea” would normally be unacceptable because not only does it target sufferers of a serious medical condition (contrary to rule 12.2), but it is also unlikely that advertisers could substantiate it. However, if that claim forms the title of the book, it would be acceptable for the ad to say "How to cure depression by drinking tea" by John Smith” provided the accompanying copy conveys the content of the book in more neutral or (as per the relevant Advertising Guidance) discursive terms, for example “the author discusses depression and examines the validity of various treatments”. See Books and publications and Guidance on the marketing of publications for more information. Responsibility, harm and offence When promoting products or services, marketers must ensure that the name of the product or service is not likely to cause serious or widespread offence, and that the name is responsible. In 2022, a complainant challenged whether the name of a food supplement for female horses, ‘Slut Mix’, was sexist and perpetuated negative stereotypes of women. The ASA considered that even in the context of an ad for horse supplements, consumers were likely to consider the term ‘slut’ to be highly offensive, derogatory towards women, and sexist. The ad, which included an offensive gender stereotype, was deemed likely to cause serious offence (LeMieux Ltd, 27 April 2022). The ASA has upheld a complaint about an ad that featured a book called “SIX WEEKS TO OMG, GET SKINNIER THAN ALL YOUR FRIENDS” on the grounds that it could encourage vulnerable individuals to engage in competitive dieting or unhealthy eating habits. (Michael Joseph Ltd, 3 October 2012). Ads must not cause harm, or serious or widespread offence, and marketers should be conscious of this when advertising any product. Advertisers may need to consider context, medium and audience when advertising some products, such as those which include swearing in the name, to ensure that they are targeted appropriately. See Offence: general for further details.
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Avoiding cat – astrophe in ads that feature animals!
they exploited gender stereotypes and sexualised children...twice. Look after animals
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John Mills Ltd t/a JML Direct
The complainant, who believed the ad perpetuated harmful gender stereotypes by depicting only women Hurricane Spin Scrubber which the ASA had concluded had presented gender stereotypes in a way that was BCAP “Advertising Guidance on depicting gender stereotypes likely to cause harm or serious or
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DUSK (Retail) Ltd
also on screen. The ad avoided gender stereotypical roles and ensured that neither character was historically and stereotypically be viewed as associated with women, deconstructed gender stereotypes and DUSK’s comments that the ad deconstructed gender stereotypes and added that they believed it was
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Inspire Inclusion this International Women’s Day 2024
gender stereotype of a woman carrying out domestic chores in order to please her male partner use of harmful gender stereotypes or objectification of women. A poster for an artificial grass offensive stereotypes Rules 4.9 (CAP Code) and 4.14 (BCAP Code) prohibit ads from using gender
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Vizor Apps Ltd
women, plus depicting harmful gender stereotypes, challenged whether the ad was irresponsible, harmful harmful gender stereotypes. They said that the animation of Kate, when not wearing baggy clothes, depicted reinforced a gender stereotype. Vizor said they were committed to working with the ASA to ensure
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FunPlus International AG t/a Funplus
the woman as an object of sexual gratification in that way the ad also included a gender stereotype, which likely to condone or encourage violence or anti-social behaviour and must not include gender stereotypes in a way that is likely to cause harm. The ad had been published in the Hill Climb Racing 2
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Polyverse Inc
, including by featuring a harmful gender stereotype by objectifying and sexualising women. We also
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AAC: Changing of the Guard
contributions to organisational thinking on a wide range of issues during their tenure, including gender stereotyping, mid-contract price increases in telecoms advertising, definitions of vulnerability
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Play&Date Entertainment Zone
gender stereotypes that are likely to cause harm or serious or widespread offence. The ad consent. We considered the ad sexually objectified the woman, and therefore included a gender stereotype likely to cause harm. We also considered that the gratuitous way the violence towards the woman
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