Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
ASA regularly receives complaints about advertisements for contraceptives. Most of those complaints reflect individuals’ disapproval of references to the product in a public medium and their belief that advertising contraceptives encourages casual sexual encounters. But rule 4.1 of the CAP Code states “The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code”. As a result, complaints based on those objections alone are rarely, if ever, investigated by the ASA.
Objections to the morning-after pill on the grounds that it is an abortofacient are unlikely to be investigated, in large part because such objections relate more to the product than to marketing communications for it. The ASA is unlikely to make a judgement on the moment when life begins – a subject that we understand is still open to considerable ethical debate.
The ASA might investigate, however, if it considers that the content of the advertisement either has the potential to offend because of the specific approach taken by the advertiser or is socially irresponsible or could mislead.
Some advertisers make claims about the levels of protection that their methods of contraception afford and about efficacy. Objective claims are open to challenge and marketers are expected to hold rigorous evidence to support them. The ASA investigated a challenge to a 94% reliability claim made about a contraceptive device called Persona. The advertisers sent a copy of a clinical trial that had been conducted on a prototype version of Persona and two expert evaluation reports. The ASA acknowledged that the advertisers’ evidence had been published and accepted by most experts. The ASA concluded that the 94% reliability claim was acceptable (Unipath Ltd, 15 September 1998).
See ‘Contraceptives: Taste & Decency’.
Last modified : 26 July 2010