The Notebook for Compliance, this Valentine's Day

9 days ago

Advertising Standards Authority

As the season of love draws near, so does the opportunity to woo consumers with romance-themed goods and services. Here's some gift-wrapped pieces of advice"...

As the season of love draws near, so does the opportunity to woo consumers with romance-themed goods and services. Here’s some gift-wrapped pieces of advice that’ll ensure you won’t break our regulatory hearts.

Things that make you go ooooooooooh!

It’s fine to focus on the raunchy side of romance, but marketers using sexual imagery or references must take care to ensure that these will not cause serious or widespread offence. Targeting ads appropriately could really help. Keep it mildly suggestive when advertising in untargeted media, and save explicit content – within reason! – for media targeted at adults. You should also be mindful to avoid using harmful gender stereotypes.

I want what they’re having – so long as it’s true!

Make sure you have the evidence to back up claims made about your products. Think you’re the city’s No. 1, best-selling, or the nation’s favourite? Check our guidance on comparative claims before stating this in your advertising. If you don’t have evidence to support claims about sales or market share, don’t make the claim.

Don’t over-promise with your promotions

When running promotions, from money off and multi-buy offers to Valentine’s giveaways, competitions and prize draws, plan ahead to ensure that your promotions don’t ruin carefully laid Valentine’s Day plans by causing unnecessary disappointment.

Include all Significant terms and conditions, Make sure you can demonstrate that you have made a reasonable estimate of demand, and don’t disappoint participants.

If you’re targeting those already in a happy couple, remember not to promise “Guaranteed Valentines Delivery” unless you’re certain you can fulfil orders. You don’t want that on your conscience, or review websites.

Mixing alcohol and romance is a whiskey business

Advertisers may wish to get into the Valentine’s spirit but linking alcohol with seduction, sexual activity or success, or enhanced attractiveness is likely to be a problem. The ASA has upheld complaints about ads which implied that getting drunk increased your chances of sexual success and that alcohol can “make you look better naked”.

Not all depictions of flirtatious interactions will breach the Code. The ASA rejected complaints about alcohol ads which featured a couple dancing, where alcohol did not appear to have played a significant part in that interactions.

Need more advice?

For free, bespoke advice on your non-broadcast advertising you can contact the Copy Advice team. We also offer Advice:am seminars and eLearning modules on some of the topics addressed above.