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.
Generally, products are outside the remit of the Code but once they appear in marketing communications, the advertising for the product is within remit. In 2003, the ASA received from the recipient of an FCUK catalogue a complaint that was considered by the General Media Panel (see entry on ‘Panels’) and the ASA Council. The complainant objected that the t-shirts featured in the catalogue carried offensive slogans, such as “sexy as fcuk”, “who gives a fcuk”, “fcuk like a bunny” and “fcuk ewe”. French Connection argued, among other things, that the complaint was about the products, the t-shirts depicted in the catalogue, not the advertising, which merely depicted the products in an uncontroversial way. The advertisers cited Rule 4.1, which states “The fact that a particular product is offensive to some people is not sufficient ground for objection to a marketing communication for it”, as part of their defence.
Both the Panel and the ASA concluded that the ASA should consider the complaint because, although the clothing carried the offensive slogans, the advertisers had drawn the slogans into the remit of the Code by advertising them in a non-broadcast medium.
Last modified : 29 June 2010