ASA ruling against ‘glamourising smoking’: key lessons for advertisers
The Advertising Standards Authority (“ASA”) recently banned an advert by UK fashion brand, Jaded London, for “glamorising smoking” and has warned the company to ensure future marketing communications are socially responsible.
The advert in question showed a female model in a holiday destination holding a cigarette. The ASA made the following ruling:
“the image was heavily stylised and presented the model in a fashionable and attractive manner. By associating this image with smoking, we considered that the ad had the effect of portraying smoking as appealing and therefore irresponsibly glamorised it”.
What is the ASA?
The ASA is the UK’s advertising watchdog and has in place strict rules regarding socially responsible marketing. The ASA investigates adverts and marketing communications, issues rulings and has wide powers to ban adverts and communications which are in breach of its advertising codes.
In particular, the rules state that marketing communications must:
- be prepared with a sense of responsibility to consumers and to society; and
- not promote smoking or the use of tobacco products.
What can we learn from this ruling?
Businesses engaging in direct advertising and marketing practices should note this ruling and use it as a valuable reminder of the ‘Do’s and Don’ts’ for socially responsible marketing.
Even if the goods or services offered by your company are not subject to legislative restrictions, this is an opportunity to reflect on wider practices to ensure compliance with the ASA’s codes.
Key ‘Do’s and Don’ts’
Advertising checklist
Companies producing adverts should always be able to answer ‘YES’ to the following questions:
- Is the content objectively legal and decent?
- Does the advert avoid causing harm or offence?
- Does the advert encourage responsible and/or safe behaviour?
- Have we considered any potential impact the advert may have on vulnerable groups?
- Are all factual claims substantiated?
- Is it likely the ASA would view the overall impression of the advert as socially responsible?
How Hamlins can help
Hamlins’ Commercial and Tech team supports client across multiple industries to deliver intellectual property, trade mark, commercial, regulatory and structuring, data and data protection expertise. Please get in touch to find out how we can help.