Two posters and a website promoted an energy drink:
a. A poster, which appeared in various locations across the UK, stated pussy in large, bold text in the centre of the ad. Smaller text below stated The drink's pure, it's your mind that's the problem". Text on an
image of the product stated "pussy natural energy" and text below the image stated "100% Natural Energy".
b. A second poster, which also appeared in various locations across the UK, stated "Outrageous" in large, bold text in the centre of the ad. Smaller text below stated "An energy drink that actually tastes
good". Large text to the left of the headline stated "pussy" and smaller text below stated "NATURAL ENERGY 100% Natural Ingredients".
c. Claims on www.pussydrinks.com stated "THE DRINK'S PURE It's your mind that's the problem. 100% Natural Energy". Smaller text at the bottom of the home page stated "Our goal is Global Pussyfication and we aim to
bring Pussy within everyone's reach" and invited those interested in distributing the product to contact them.
There were 156 complainants about the ads.
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Most complainants challenged whether ad (a) was offensive, because they considered it implied a sexually explicit reference. Some complainants also considered it was derogatory, sexist and degrading towards women.
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Some complainants also challenged whether ad (b) was offensive, on the same basis.
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Two complainants challenged whether ad (a) was offensive to those with religious beliefs and was unsuitable to be displayed near to a church.
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Many complainants also challenged whether ad (a) was unsuitable to appear where it could be seen by children.
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Some complainants challenged whether ad (b) was unsuitable to appear where it could be seen by children.
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Two complainants challenged whether ad (c) was offensive, because it implied a sexually explicit reference, was derogatory, sexist and degrading towards women.
ASA Assessment
2,3,5,6: Not upheld
1. Upheld
The ASA considered that some consumers would recognise that the term "pussy" had both a conventional and slang meaning and could therefore be understood to colloquially refer to the female genitals, as well as retaining the traditional meaning
of 'cat or kitten. We noted that ad (a) stated The drink's pure, it's your mind that's the problem and considered that the ad consciously made reference to the dual meaning of the word pussy, including its colloquial meaning, which some would consider
sexually explicit, as well as showing an awareness that the colloquial use of the term pussy might be considered impure or problematic, and could therefore cause offence.
We acknowledged that 63 complainants had objected that the term pussy was, in itself, a derogatory and sexist term, which was particularly offensive to women. Although we considered that the colloquial meaning of pussy could be understood
to be a sexually explicit term, we noted that the way in which the term pussy was used in the ads did not make express reference to women, beyond its colloquial meaning denoting the female genitals. We did not consider that ad (a) made particular
reference to the behaviour or portrayal of women and, therefore, did not consider that, in that context, ad (a) was likely to be interpreted by most consumers as referring to or portraying women in a derogatory or sexist way.
However, we nonetheless concluded that because ad (a) made express reference to the dual meaning of the word pussy , it would be understood to be intended as a sexually explicit reference which, in the context in which it appeared in ad (a), was
likely to cause serious and widespread offence.
On that point, ad (a) breached CAP Code rules 1.3 (Responsible advertising) and 4.1 (Harm and offence).
4. Upheld
We noted that there were no restrictions on the placement of ad (a) and it would be seen by children of all ages, but considered that very young children were unlikely to be aware of the colloquial meaning of pussy . We considered, however, that
some older children were likely to know and understand that colloquial meaning or be aware that the term had a secondary meaning which had a different connotation or impact than simply meaning cat or kitten .
We noted that the slogan in ad (a) stated The drink's pure, it's your mind that's the problem and considered that strongly suggested that the term pussy had a secondary meaning which was not pure and was a problem , and
considered that slogan reinforced the colloquial meaning of pussy to those older children or implied that that secondary, colloquial meaning was in some way impolite or even offensive or sexually explicit.
We therefore considered that because ad (a) made express reference to the dual meaning of the word pussy , it would be understood by some older children to be intended as an offensive or sexually explicit reference, and concluded that ad (a) was
unsuitable to appear where it could be seen by children.
On that point, ad (a) breached CAP Code rules 1.3 (Responsible advertising) and 4.1 (Harm and offence).