A
circular for a club night at Riverside in Newcastle, delivered as a door
drop in October 2011, featured an image of a woman crouching in front of
a man with her buttocks on display from beneath her dress. Foam spurted
from the man's crotch. Text stated every Wednesday TEQUILA come and
swallow. A cartoon image of a mouth appeared in the top-left corner
with the slogan dedicated to oral pleasure. The reverse of the
circular featured the same image and additional text about the club
night. A review stated A spirit-fuelled den of hedonism and
debauchery. Other text stated Tequilas [sic] coming to Newcastle
... will you swallow? ... we are here for your pleasure and your
pleasure alone ... Tequila is where your hottest and sexiest experiences
will take place! What you can remember is sure to be one of your
greatest memories of university. Newcastle ... get ready to be seduced.
Issue
1. A complainant challenged whether the circular was
offensive and unsuitable for an untargeted medium, where it could be seen by
children.
The ASA challenged whether the circular:
2. condoned irresponsible consumption of alcohol; and
3. linked alcohol with sexual activity.
Stage One Events Inc. (Stage One Events) apologised that
the circular had caused offence in the local community. They said that it
had been put through doors in the local area over one weekend as part of a
campaign to launch a new student event in a very diluted market. It was felt
that this would help the business and would offer a new event to the
students of Newcastle and add to the social life of those attending
university in the city, whilst also creating jobs in a stagnant market.
ASA Decision: Complaints Upheld
1. Upheld
We noted Stage One Events' argument that they created
the circular to launch a new business in the area. We considered, however,
that the image on the circular was sexually explicit and noted that claims
on the circular come and swallow and dedicated to oral pleasure
were clearly intended as sexual innuendo. We considered the text on the
reverse of the circular which promised the hottest and sexiest
experiences and ended with the claim Newcastle ... get ready to be
seduced were sexually suggestive. We concluded therefore that the
circular was likely to cause serious and widespread offence and was not
appropriate for an untargeted medium, where it could be seen by children.
On this point, the circular breached CAP Code rules 1.3
(Social responsibility) and 4.1 (Harm and offence).
2. Upheld
We noted that the CAP Code required marketing
communications to contain nothing that was likely to lead people to adopt
styles of drinking that were unwise, including excessive drinking. We
considered however that there was a clear inference that excessive drinking
was acceptable and condoned from anyone attending the event advertised in
the circular. Aside from the fact that the event was called Tequila,
named after a well-known high-strength spirit, we noted that the circular
included an apparent quote from a newspaper which described the event as a
spirit-fuelled den the inclusion of which we considered took a
celebratory tone which highlighted the fact alcohol consumption was
condoned. We also considered that the claim What you can remember is sure
to be one of your greatest memories of university encouraged the
excessive consumption of alcohol to the point where guests would be so drunk
that they could not recall what they had done during the previous evening.
Because of a clear association with alcohol and excessive drinking, we
considered that the circular condoned irresponsible consumption of alcohol.
On this point, the circular breached CAP Code rule 18.1
(Alcohol).
3. Upheld
We noted that the CAP Code required marketing
communications not to link alcohol with seduction, sexual activity or sexual
success. We considered that the image on the front of the circular was
sexually explicit and the accompanying text will you swallow, come
and swallow and dedicated to oral pleasure was sexually
suggestive. We further considered that the claims on the reverse of the
circular Tequila is where your hottest and sexiest experiences will take
place and Newcastle ... get ready to be seduced had sexual
connotations. Because these claims and the image appeared in the circular
which advertised an event which was heavily linked to alcohol consumption,
gave details of drinks prices and was called Tequila, we considered
that there was a link to sexual activity, and the circular gave out the
message that drinking alcohol was preliminary to sex or made sexual activity
very likely. We also considered that the newspaper quote a spirit-fuelled
den of hedonism and debauchery condoned reckless and irresponsible
sexual behaviour and alcohol consumption. Because of this, we concluded that
the circular was irresponsible.
On this point, the circular breached CAP Code rule 18.5
(Alcohol).
