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.
Marketing communications, especially those addressed to or depicting a child, must not condone or encourage an unsafe practice (Rule 4.5 and also see Section 5: Children). Showing dangerous or unsafe practices could be acceptable if the marcom does not condone them or if most people are likely to understand that the situation depicted should not be imitated; humour can often help render such an approach acceptable. In 2006, the ASA considered complaints that a 118 118 ad showing a man injured on a mountain and asking the operator to put him through to the Air Ambulance service was irresponsible, because it implied that calling 118 118 was the correct way to contact the emergency services. The ASA acknowledged that the rescue story was humorous and was unlikely to be interpreted literally and concluded that the ad was not irresponsible (The Number UK Ltd t/a 118 118, 26 September 2007). A poster for Vittel Water was accused of encouraging people to kick an empty water bottle towards the faces of others but was considered light-hearted and unlikely to encourage unsafe practices (Nestlé UK Ltd, 4 October 2006). In 2007, Debenhams was accused of being socially irresponsible and encouraging unsafe behaviour when it showed fashion models posing on railway tracks. The ASA considered the situation was obviously staged and did not breach the Code (Debenhams Retail plc, 21 November 2007).
Rule 4.6 specifically refers to the dangers associated with drinking and driving. As well as not encouraging consumers to drink and drive, marketers should neither encourage motorists to drive irresponsibly or break the law nor depict vehicles in dangerous or unwise situations in a way that might encourage irresponsible driving. Marketers should also not make speed or acceleration claims the predominant message of their marketing communications. In 2007, the ASA upheld complaints against an interactive online Mini ad that invited users to “FLOOR IT” by clicking on a graphic of an accelerator pedal, at which point the car seemed to accelerate and the driver’s head was pushed back into his seat. Although it recognised the surreal nature of the ad, the ASA considered that the ad made speed and acceleration the predominant message and could be seen to encourage speeding (BMW (GB) Ltd, 25 July 2007).
Special care should be taken with marketing communications addressed to or depicting children or young people (Rule 4.5 and Section 5). Marketers should be aware that the ASA has upheld complaints despite a footnote telling children not to copy the behaviour shown (Britvic Soft Drinks Ltd, t/a Robinsons, 26 Sept 2002). Although considering a broadcast ad, the ASA took an interesting line in February 2008 when it rejected a complaint from a parent whose child had tried to put his hand over a steaming kettle. The child had seen a TV ad for a new Thomas the Tank Engine toy that puffed ‘steam’ and showed a child demonstrating the safety by placing his hand over Thomas’s funnel. The ASA considered that most children would be aware steam was unsafe and that those young enough not to realize that were unlikely to have access to a steaming kettle unsupervised (Tomy UK Ltd, 27 February 2008).
Even if they are not addressed to children, marcoms that show dangerous practices capable of emulation should be restricted to media that will be seen only by adults. In 2007, an Orange ad in Metro showing people leaning back near the edge of a railway station platform was found not to have breached the Code because it appeared in a paper read by adult commuters and was unlikely to be seen by children (Orange Personal Communications Services Ltd t/a Orange, 11 July 2007). Marketers should remember that untargeted media, such as posters, might breach the Code if the ASA considers children might be at risk. Although it rejected them, the ASA received complaints that a poster showing a motionless man with his eyes open submerged in a bath of water could encourage emulation by children (Channel Four Television Company Ltd, 14 May 2008).
Products that require users to wear protective equipment might need to depict that requirement in their ads. In 2007, a magazine ad for a hedge trimmer featured a woman cutting her hedge without wearing protective equipment. The ASA considered that, by featuring the woman without protective equipment, the ad suggested that it was safe to use the hedge trimmer in that way and concluded that the image in the ad could therefore encourage irresponsible use of the product (Farm & Garden Machinery Ltd, 29 November 2006). But complaints about a cinema ad for WKD showing men using a drill without wearing eye protection were not upheld on the grounds that no drilling into a surface took place in the ad and therefore showing the men without eye protection would not encourage unsafe practice (Beverage Brands (UK) Ltd, 30 May 2007).
Promoters should ensure that their promotions, including product samples and adventurous activities, are safe, especially for children (Rules 8.3 and 8.8). The ASA has received complaints about medicines, sharp instruments and other gimmicks that could have caused harm, especially if children got hold of them.
Some products, for example radar detectors, are legal to sell but might be used in illegal acts such as irresponsible driving. Marketers can advertise radar detectors as a way of promoting safe driving but should avoid giving the impression that they can enable the driver to break the law without detection (Blackspot Interactive Ltd, 19 December 2007).
The London Fire Brigade has expressed concern about the use of candles in marketing communications that show them close to flammable furniture; marketers should take care not to encourage such use or to imply candles have, or will be, left unattended.
See 'Social Responsibility', ‘Safe’ and ‘Motoring’.
Last modified : 05 August 2010