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 statedevery Wednesday TEQUILA come and swallow . A cartoon image of a mouth appeared in the top-left
corner with the slogandedicated 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 swallowand 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 seducedwere 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 calledTequila , 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 aspirit-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 claimWhat 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
textwill 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 placeand 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 calledTequila , 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
quotea 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).
