ASA Controlling Advertising 2005 School Resource 1

Controlling
advertising
ASA Schools and Colleges resources No.1

Controlling advertising
Welcome to the ASA Schools and Colleges Resources: Controlling
Advertising
Here you will learn how and why advertisements are controlled in the UK.
You will find examples of advertisements the Advertising Standards Authority
has received complaints about and the decisions the Authority reached about
them.
In boxes like this one, you will find

activities written by an educational writer
to use in class or to stimulate research.
To make the best use of these resources use them in conjunction with the
ASA website, specifically our Annual Report, the Advertising Codes, Issues,
Research, Statistics and Guided Tours sections.
If you have any feedback on these resources e-mail us at
enquiries@asa.org.uk

Studying
advertising

Introduction
Advertising is an extremely important area of media studies for the following reasons:
• It is crucial to the funding of the vast majority of media texts in the UK and globally
(INSTITUTION)
• It provides an interesting and accessible case study of the way in which media texts
target audiences (TEXTUAL ANALYSIS & AUDIENCE)
•It offers a brilliant case study of how the media use new and developing technologies to
target specific audiences in new ways (NEW MEDIA TECHNOLOGIES)
• It is therefore very useful in the study of the ways in which people, places, values and
beliefs are represented in contemporary media and their impact on society
(REPRESENTATION & IDEOLOGY)
• In addition, advertisements provide texts which are rich in storytelling techniques –
NARRATIVE – and offer a range of texts in a variety of GENRES

Why advertise?

Why do companies, organisations and individuals advertise?
The main purpose of advertising is to persuade people to take action: to buy

something, to believe an idea or support a cause.

Institutions

All MASS MEDIA TEXTS (films, television programmes, pop videos, newspapers,
magazines, advertisements and new media) are made by INSTITUTIONS for targeted
AUDIENCES.
Institution is therefore an important KEY CONCEPT in media study. The study of
institutions and their practices enables students to investigate why media texts are made
and distributed. It can be helpful, as a first step to pose the following questions:
• Who made this text?
• Who is it for?
• What is its purpose?
• For whose benefit?
Arriving at answers to these questions can help to understand the social, political,
economic and ideological significance of a text and the possible ways in which audiences
might read and respond to them.

Institutional study, therefore, is an integral part of the analysis of a text as set out in the
diagram below:
Text
Institutions Audiences

A commonly used acronym to describe the
purpose of advertisements is DRIP:
D - differentiate a company’s products from those

of their competitors.
R - reassure and remind consumers of the
benefits of the products or services.
I - inform people about an advertiser’s products,
services or cause.
P – persuade people that they should believe
what they see in the ad and to take action in light
of it.

It’s not just commercial companies that advertise; here is a list of other sources
of advertisements:
•Private individuals selling private property, looking for partners, or canvassing
for opportunities such as employment or work experience
•Charities and pressure groups asking for donations or support for a cause,
or raising awareness of an issue
•Political parties influencing voters at elections
•Government departments and agencies informing the public about services
or warning them about dangers such as drinking and driving

Activity
Find an example of each of the advertisements in the previous slide.
Analyse the different ways they seek to persuade and inform.
Present your findings to the class.
Are there significant differences in the techniques and devices used in the
different genres of advertisement?

Big business and the
power of advertising

The advertising business makes a big contribution to the UK economy.
In 2003, £17 billion was spent on advertising in Britain. Advertising
obviously works, otherwise businesses wouldn’t spend millions of pounds
every year making them.
With this power to influence what people think and do, advertisements
have to be controlled so that people do not make important decisions in
their lives based on false information.

Advertising Growth
According to the Advertising Association’s statistics for 2004, advertising

expenditure in the UK ranks third in the world behind the USA and Japan.
According to the European Advertising & Media Forecast Databook published

by the World Advertising Research Centre (WARC), growth in the UK is
estimated to rise by almost 5% and nearly 4% in 2006.

Research Activity
Log on to the Advertising Association’s website –
http://www.adassoc.org.uk/AA_Detailed_statistics_2004_Warc_Source.pdf, tables 1 –
4 to find out the following information:
Which have the highest advertising expenditure – broadcast or non-broadcast
media? By how much – fractions and %?
Which three of the broadcast media have the highest expenditure?
Which medium is making the most accelerated change?
Which medium appears the most stagnant but has an average growth rate
that has exceeded that of all other traditional media?
Conclusions
Looking at your findings, what conclusions can you draw about media
consumption in the UK at the present time? Who might be interested in what
you discover?

Advertising of old

Before the ASA
There was a time when some

advertisers would make all sorts of
claims about their products and services
that were not backed up by evidence.

Analysis and Research
When do you think the advertisement in the previous slide was made?
Look carefully at the model, her pose and clothes, the lack of colour and the layout.
What is the advertisement asserting by its use of words and image? What appears to be
happening to the woman featured?
Find examples of contemporary advertisements for “slimming” products. How are they
different from this? How do they work? What do they promise the potential consumers?
Read the information on Health, Beauty and Slimming in the Issues section of the ASA
website for more information.

This advertisement for the Vigor
Horse-Action Saddle claimed that
by using the device for exercise it
could cure a number of illnesses.

Simulation Activity
Analyse the advertisement for the Vigor Horse-Action Saddle in the previous slide very
carefully. Clearly it was made some time ago. It is very different from a contemporary
advertisement.
1. You are a well respected and successful advertising agency. You have been asked by
the client, Vigor Health Products, to try to use some elements of this old advertisement in
a new advertising campaign for a modern exercise bike. They want the idea that theirs is
a long established and respectable company to be attached to the new advertisement.
Write a letter to the client in which you tell them what the problems are with using this
advertisement in a contemporary market. Think about:-
• the model – his age, class, gender and appearance
• the design of the product
• the language used
• the claims that are made for the product
• the image of the product
• the layout and use of colour

Simulation Activity continued
2. Sketch out for them in the same letter how you envisage the “modernised”
advertisement. To help you, find advertisements for health products and suggest how
you might use these devices to attract a contemporary audience of men or women.
What, essentially, are the major differences? How do modern advertisements make their
appeal?

The Carbolic Smoke Ball
Company produced this ad that
claimed “£100 reward will be
paid…to any person who
contracts…influenza, colds or
any disease…after having used
the ball three times daily for two
weeks…”. A Mrs Carhill caught
influenza after using the ball and
claimed the £100.

The company then claimed the
ad was not a serious offer and
refused to offer the reward. But
Mrs Carhill took the company to
court, which sided with her and
said the advertisers were bound
by the offer.
This case set the precedent for

much of the consumer protection
law in relation to advertising that
exists today.

Research the Consumer Protection legislation that is currently operating in
the UK. How does the ASA fit into the framework of Consumer Protection
legislation that exists in the UK and Europe?
You can begin by visiting the About Us section of the ASA website
www.asa.org.uk and the Committee of Advertising Practice website
www.cap.org.uk as well as www.tradingstandards.gov.uk and Ofcom’s
website www.ofcom.org.uk .

The need for rules

Building trust with consumers
If advertisements were allowed to tell lies, if, for example, a product or service
did not live up to the claims made about it in an advertisement, consumers
probably wouldn’t buy that product or service again. The experience may
also make consumers doubt the trustworthiness of all advertising. However, if
people trust what they are told in ads, they will be more willing to buy goods
and services being advertised.

Building trust with consumers
That’s why rules to make sure advertisements stick to certain standards are in
the advertisers’ interest as well as consumers, and that’s why the advertising
industry takes responsibility for the advertising codes in the UK. They
perform this role through a body called the Committee of Advertising
Practice or CAP. CAP is made up of advertisers, advertising agencies and
media owners who all have an interest in maintaining standards in
advertising. One CAP Committee – CAP (Broadcast) - has responsibility for
the rules for TV and radio commercials and another – CAP (Non-broadcast)
takes responsibility for the rules that apply to most other types of
advertisement, such as press, poster and cinema ads, direct mail, sales
promotions and online advertising.

Regulation: good or
bad

Open for business: the one-stop shop for advertising complaints
November 1st 2004 marked a significant milestone in the history of advertising

self-regulation in the UK. The Advertising Standards Authority (ASA), which up
to then had had responsibility for standards in non-broadcast media only,
assumed powers in respect of TV and radio advertisements, under contract
from the communications regulator Ofcom. The ASA system now works in a
co-regulatory partnership with Ofcom, and for the first time there is a ‘one-stop
shop’ for all advertising issues and complaints.
Since commercial TV began in 1955, broadcast advertisements had been

subject to statutory standards codes. Now day-to-day responsibility for the TV
and radio advertising codes has been contracted out to the Broadcast
Committee of Advertising Practice (BCAP), an industry body also known as
CAP (Broadcast). Ofcom’s licensees, the commercial TV channels and radio
stations, must continue to observe the codes, but, if advertisements mislead or
cause harm or distress, the matter will be dealt with first by the ASA, and not
Ofcom.

Open for business: the one-stop shop for advertising complaints
A ‘one-stop shop’ makes sense – for consumers, advertisers and publishers.

As digital media converge and advertisers use both broadcast and non-
broadcast platforms, there will be greater consistency of decision-making
between ads in different media.
Consumers will no longer have to juggle with several different regulators in

order to get action on misleading, offensive or harmful advertising. An
unsatisfactory feature of the former system was the very large numbers who
complained to the ASA about TV and radio ads – even though there was
nothing we could do to help.

Regulation
Mass media are regulated by publicly accountable bodies which aim to protect
consumers and citizens and maintain standards. There is a long history of concern about
mass media messages and their possible effects on audiences. In a mass, and now
thanks to the Internet, global communications environment, it is vital in a civilised world
that there be some oversight and control of the millions of messages - wanted and
unwanted - that bombard us daily.
Questions
Have you received any personal advertising messages on your mobile phone yet? What
do you think of them? Are they helpful, amusing, a nuisance?
Are you fed up with spam invading your inbox and when you are surfing the Internet?
How do you think these issues should be dealt with? What do say about unsolicited
commercial e-mail? Do you think the rules should be changed? If so, how?

Regulation
What is the best way to regulate?
The Law and Accountability
There are various laws and regulations controlling the media. Some regulations are
statutory, (enshrined in law): the law of libel and the Trade Descriptions Act, for example.
When these laws get broken or infringed, it lies with the courts to deal with offenders.
The BBC Royal Charter that enshrines its public service commitment is another example.
The BBC is a publicly funded and accountable body, and if it were to flout its public
service commitments, the Government of the day could take action against it, possibly
reducing its licence fee and consequently its revenue and its future.
Research
The BBC publishes an annual report that spells out how it is fulfilling its aims and
objectives under the Royal Charter. Log on to www.bbc.co.uk to find out what this year’s
report focuses on.

Regulation
Self-regulation
Others, like the press and medical professions for example, believe that self-regulation
is the best and most effective way to maintain standards and have established guidelines
which are flexible and subject to interpretation rather than fixed and inflexible.
The ASA and a number of other media regulators, such as the BBFC and the PCC,
believe strongly that self-regulation is the best and the most effective way of maintaining
standards.
The ASA is committed to keeping advertising not only LEGAL but DECENT, HONEST
AND TRUTHFUL too across a broad and rapidly growing spectrum of outlets. The self-
regulatory system enshrined in CAP’s Advertising Codes is very effective in gaining the
compliance of advertisers and the trust of consumers. For evidence of this, see the
compliance statistics in the Research section of the ASA website.

Research
Find out what the following abbreviations stand for and what they are responsible for.
PCC BBFC ICSTIS
What are the advantages of self-regulation?

Regulation
Consensus and compliance
Over 30 million print advertisements and 2 billion pieces of direct mail are produced each
year in the UK. Advertising generates huge amounts of revenue and jobs and financially
supports all the commercial media – newspapers, magazines, all television except the
BBC, many radio stations and the Internet – so it is very important that advertising be
effective and reliable in persuading the potential consumers / citizens of their message
and in maintaining their trust.
While most TV and radio commercials are pre-cleared by broadcasters before going to
air, it would be impossible to monitor the millions of ads that appear in the press, as
leaflets and brochures or in the many other media – no statutory system could be devised
to do this – so the ASA relies on advertisers complying with the regulations on the one
hand and consumers making complaints on the other. The Advertising Codes are
revised and interpreted according to changing technologies (see below) and changing
views and attitudes. Because the Code is flexible it is better at responding to each
individual complaint on its own merits and in its particular context than a set of rules
which are fixed and unresponsive.

Regulation
Changing World
The older advertisements in this section show clearly that ideas and attitudes have
changed significantly since the late 19th century and they continue to change as our
society evolves. Representations of men and women in particular have changed
enormously. However, attitudes are not all the same; there is, according to ASA
research, a marked difference between the attitudes of older and younger people on this
specific area of representation. When interpreting the Advertising Codes, the ASA
Council bears in mind the targeted audience of the advertisement complained about and
the context in which it is seen.

Regulation
Changing World
World events like September 11th and the War in Iraq as well as current public events in
the UK – about drugs and sexuality, child abuse and asylum seekers, for example – all
influence the way that we perceive the world around us. We now read and respond to
advertisements which use the Twin Towers in New York or older men with young children
differently as a result of these flexible events and cultural changes. The Advertising
Codes allow a level of flexibility in interpreting the impact that advertisements may be
having at the time of their publication and is sensitive to public opinion. Hard and fast
rules would not be able to respond as sensitively, taking all factors into account.

Regulation
Changing Technologies
Thanks to the Internet and ‘convergence’ – the integration of different technologies – we
now have a global communications environment that can reach us in a more personal
and individualised way. Alongside this in the UK there has been a sharp rise in
advertising using new media – on the Internet itself and, interestingly, through mobile
phones and computer games. These are now subject to so-called dynamic in-gaming
where ads are inserted within the game itself. This is a very profitable business. EA
Games made $10 million in 2004 on advertising alone.

Regulation
Changing Technologies
Questions
Questions
What do you see as the possible effects of advertising in new media? Who do you see as
the prime targets for such advertising? Log on to the Guardian online and read the article
by Chris Alden called Spot the Difference on in-game advertising.
http://www.guardian.co.uk/online/story/0,3605,1486601,00.html
What do you think might be the implications for new methods of advertising such as:
•Computer game product placement
•Personal downloads onto your mobile phone from nearby moving image posters
•Podcasting – an internet-based radio show intended for listening on the move on your i-
Pod.
•Future developments where advertisers target personal media.
How do you think they should be regulated? What issues are at stake here? How can
the ASA protect the environment for consumers?

Regulation
In your school / college there is a set of rules and regulations that represent the
way in which teachers/lecturers and students should ideally behave and the rights
and responsibilities they enjoy.
Answer these questions

1. Are the rules and regulations published so everyone knows what they are? Do you
know what they are? Do you think this is important?
2. If the rules are broken or infringed are the consequences immediate and
automatic? Is there the right of appeal where the particular circumstances of the
rule breaking can be discussed?
3. Are the people who make the rules and decisions knowledgeable about students
and young people generally? Does that make a difference and if so, how?

Regulation
• Do you agree with the majority of the rules / regulations or do you think some of
them are out of date? Can you be specific here? Is there scope for changing
them? If so, which?
• Do the majority of students obey the rules and regulations? If yes, how does that
impact on the institution?
• When students break them, how does that affect the institution?

Regulation
Conclusion
Are you more in favour of fixed rules and penalties or are you a believer in more self
regulation where students take ownership of them and agree to act in a more responsible
manner? Think about football or another team game: what role does the referee play?
What are your views generally about self-regulation now? Have they changed?

Judging ads, making
decisions

Activities
1.You are going to take on the role of the ASA Council and adjudicate on four
advertisements which have been complained about (see the next slides). You
have direct access to the CAP code and to background briefing documents.
Analyse each advert in turn and spell out how each one might contravene the
Code.
2. Write a report explaining your judgement and spelling out the clauses that
they are in breach of. In your report, outline the steps that need to be taken in
order to bring the advert in line with the Code.

Who might find this ad offensive? Does it break the Advertising Codes?

Who might this advertisement offend?
Does it contravene the Advertising
Codes and if so, how?

This sports drink was advertised on TV as “The Fitness Water”, but
complainants objected that the ad misleadingly implied the drink contained no
carbohydrates and was unprocessed. The product's ingredients were water,
glucose syrup, citric acid, acidity regulators, flavouring, sweeteners and
vitamins. It noted the product contained 10 kcal, 2g carbohydrate and 35mg
sodium per 100ml. Do you think that the statement “The Fitness Water” is
acceptable?

Who might be offended by this political
advertisement?
Does it contravene the Advertising
Codes?
What does the Code for non-broadcast
advertising say about political
advertising?

Political advertising
Any advertisement or direct marketing communication, whenever it is published or
distributed, whose principle function is to influence voters in local, regional, national
or international elections or referendums is exempt from the Code.
Clause 12.1 British Code of Advertising, Sales Promotion and Direct
Marketing
The clauses of the CAP Code relating to political advertising were revised after the
1997 General Election (during which the advertisement on the previous slide was
published). It is already prohibited on radio and television. This now puts political
advertising on a different footing from any other. Any complaints against such
advertisements must now be referred directly to the advertiser. The ASA will
however provide the parties with summaries of any complaints received during an
election campaign.
The reason for this change is principally because political parties are only
occasional advertisers and have never agreed to be judged against the CAP
Code’s requirement that marketers should hold documentary evidence to prove all
claims capable of objective substantiation.

Political advertising
Do you support this new policy? Give your reasons.
Why might political parties fall into a different category when it comes to the
CAP Code?
Should political advertisements be evaluated and controlled in the same way
as those for products and services? Give specific reasons here.
How might new media be useful during election periods to advertise political
issues? What advantages might there be in using them over more
conventional media?
Activity
Sketch out a strategic election advertising campaign in which you target
young first time voters. Spell out clearly which media would be the most
appropriate and how and when they might be used.

Making complaints about advertisements
The ASA investigates complaints made by individual consumers, organisations
such as charities, pressure groups, government agencies as well as trade
customers and competitors.
It takes only one complaint to launch an investigation into an advertisement. The

ASA doesn’t deal with every single issue to do with advertising (it doesn’t deal with
ads directed at the medical profession or claims companies make on their own
websites for example), so when the ASA receives a complaint it sees if there is a
case to answer under the Advertising Codes of CAP. If there is, it then decides if
the Codes have been breached or not.

Who judges if the rules have been broken?
When the advertising industry first wrote the non-broadcast Advertising Code,
it realised that an independent body was needed to decide whether or not the
Code had been broken. This was so that the public could be reassured that
the advertising industry wasn’t applying the Code in its own favour. So the
Advertising Standards Authority was set up in 1962 to administer the Code in
the public interest.
The ASA’s ruling Council has 15 members and an independent Chairman.

The Chairman appoints the council members. The majority have no
involvement in the advertising business. The ASA Chairman advertises for
new independent members from a wide diversity of backgrounds. The Council
members who work in the industry can offer practical guidance on how the
industry conducts itself. They are appointed to Council after consultation
within the industry. All members serve as individuals and do not represent an
interest group or sector.

The main principles of the rules are that:
All advertising should be legal, decent, honest and truthful

All advertising should be prepared with a sense of responsibility to consumers
and society
All advertising should respect the principles of fair competition generally
accepted in business
No advertising should bring advertising into disrepute.

Some rules exist to stop consumers being misled, for example:
Honesty
Marketers should not exploit the credulity, lack of knowledge or inexperience
of consumers.
Truthfulness
No advertising should mislead, or be likely to mislead, by inaccuracy,
ambiguity, exaggeration, omission or otherwise.

Adverse publicity
Although most advertisers do comply with the ASA’s adjudications, (see our
annual reports on our website) there are some, often very well known
companies, who have pushed the boundaries of what is traditionally
acceptable and as a result have gained enormous publicity. Some would
argue that this publicity has helped to promote the brand name and product
sales. Others argue that bad publicity damages brands and brings the
advertising industry into disrepute and threatens the industry’s right to
freedom of expression by raising calls for stricter controls. A few advertisers
have successfully targeted young people, who are often less concerned about
what is considered unacceptable, with a rather ‘edgy’ set of images
concerning what to some are very sensitive issues. One particular Reebok
campaign is a case in point.

Reebok and 50 Cent
Reebok is a global sports retailing brand. Its competitors are Nike and
Adidas. Like those companies, Reebok use the endorsement of young
aspirational media personalities to promote their clothing. One campaign
using the hip hop start 50 Cent caused controversy for appearing to endorse
gun culture. During the period when wearing ‘hoodies’ (hooded tops) was
briefly brought to notoriety in UK shopping malls and gun culture amongst the
young continued to be seen as a problem, Reebok launched a campaign in
which 50 Cent’s rap refers to a notorious drive-by shooting where he was shot
9 times but survived.

The mise-en-scene of the advertisement is dark and threatening, with
connotations of violence and threat. The sequence is overlaid with a soundtrack
of audio clips, music, police sirens and voices talking about being ‘gunned down’
and ‘taken to Jamaica hospital’. This has been seen by some as a glamorisation
of violence at a time when gun crime presents a serious problem in inner cities in
the UK. It is a very sensitive and important social and political issue.

Reebok and 50 Cent
The article at the link below from the Guardian website entitled “Reebok told
50 Cent advert glorifies guns” will fill in the details of what happened to this
advertisement.
http://media.guardian.co.uk/site/story/0,141731486124,00.html
Discussion and debate
What are your views about using serious social and political issues to sell
products? What effect might such advertising have on (a) the targeted
consumer, (b) the Brand image and (c) society?
Read the ASA ruling on this advertisement in the Adjudications section of the
website. Do you agree with the withdrawal of the advertisement?

Reebok and 50 Cent
Activity
Stage a debate between representatives of the three groups mentioned

above plus the ASA and write up your conclusions.

Watershed
One issue raised in the debate is the maintenance of the 9pm Watershed.
The Watershed regulates the screening of images on television that are
considered unsuitable for young children. It relies on parental control to
prevent children from exposed to possibly ‘harmful’ images of sex and
violence after 9pm. Recently the Office of Communications (Ofcom) updated
its broadcast programming code. The new code balanced broadcasters
freedom of expression with their responsibility to protect under-18s.
The main points of the under-18s section of the code can be found on the
next slide.
The full code can be found on the Ofcom website www.ofcom.org.uk.

Watershed
Children must be protected by appropriate scheduling - with the use of, for
instance, the watershed - from material that is unsuitable for them.
Children can also be protected by other means, including, for example, PIN
mechanisms. For premium subscription film services, Ofcom believes such
measures provide sufficient security to allow the rules for these services to be
changed. Therefore, provided there is a protection system such as a
mandatory PIN - and that these systems are clearly explained to all
subscribers - premium subscription film services will now be able to broadcast
films which are rated up to a BBFC (British Board of Film Classification) 15
certificate, 24 hours a day. Ofcom believes this will extend viewer choice
whilst ensuring children are properly protected.

Watershed
However, in the case of adult material with a BBFC R18 certificate (commonly
known as hard-core pornography), Ofcom believes that it is appropriate to
take a more precautionary approach. Research commissioned by Ofcom
indicates that some children in the current environment are able to access
and use their parents’/carers’ PIN numbers without these adults’ knowledge.
Given the strength of the material – and adopting the precautionary approach
– Ofcom is not satisfied that under 18s can be effectively protected.
Therefore, under the new Code, R18-rated material is not permitted to be
broadcast. However, if future developments enable more secure protection,
Ofcom would consider whether to review this position.
Class survey
What happens in your household? How is your viewing controlled and by

whom?

Activity
Over a two week period monitor and record the viewing habits, including
advertisement breaks, of the youngest members of your household. How old,
how long, when, with whom, what choices and what responses should
structure your investigation? At the end of the two week period, share your
findings with the rest of the class.
•How is the Watershed operating overall?

•Are there any changes emerging with the use of new media?
•Were any interesting responses made by young children to particular
programmes and advertisements?
•What conclusions does your small scale survey point to?
Essay title
How important is scheduling (including advertisements) in maintaining a safe

broadcasting environment for young children?

There is more information on this issue in the Children and Advertising
section of the ASA Schools and Colleges resources.

Advertisers must have evidence to back up their claims
Before distributing or submitting an advertisement for publication, marketers

must hold documentary evidence to prove all claims, whether direct or
implied, that are capable of objective substantiation. Relevant evidence
should be sent without delay if requested by the ASA or CAP. The adequacy
of evidence will be judged on whether it supports both the detailed claims and
the overall impression created by the advertisement.

The ASA considered that the claim "100% environmentally friendly" on the
mailing on the next slide implied that the mailing would cause absolutely no
environmental damage throughout its life-cycle. Because the advertisers had
not shown that was the case, the Authority concluded that the claim was
exaggerated. It asked the advertisers to amend the claim with help from the
Committee of Advertising Practice Copy Advice team.

This mailer is produced from recycled paper and is 100%
environmentally friendly

Use the link below to read the ASA’s adjudication on the ad in the last slide.
Do you agree with the ruling? Look up the Clauses of the CAP Code under
which the complaint was investigated. Does it go far enough / too far?
http://www.asa.org.uk/asa/adjudications/Adjudication+Details.htm?adjudication_id=35194

In response to complaints that this ad misleadingly implied the product benefited oral
hygiene, the advertisers sent the ASA evidence they said proved the product contained
natural fruit sugars, that it was lower than ordinary soft drinks in fruit acids, and that it had
been formulated to minimise the impact of acid on dental tissue loss. The advertisers said
they added calcium, which combined with fruit acids to help reduce the risk of the acid
attacking tooth enamel
After taking expert advice, the ASA concluded that this poster, and in particular the image
of Ribena Tooth Kind instead of tooth brush bristles, without a qualifying statement,
wrongly implied Ribena Tooth Kind actively benefited oral health.

Misleading claims
The advertisement for Ribena Tooth Kind in the earlier slide was criticised
because of the way in which it associates improved dental hygiene with a
sweetened drink. The associations are made using a range of devices:
Icons
The original meaning of an icon is an image of a religious or sacred
personage. It has now come to mean having a close likeness to or
representing something else. The drawing of the “toothbrush” in this
advertisement bears an iconic resemblance to a real toothbrush but
significantly it uses bottles of Ribena instead of bristles making the
association between the drink and brushing teeth very strongly.
Research other ads which use icons – both animate (people) and inanimate
(objects) to persuade the consumer to buy.

Endorsement
The banner headline suggests that the British Dental Association supports
the drinking of Ribena because it gives it “accreditation” or a mark of
approval. Advertisements often use endorsement to enhance their products’
effectiveness in the eyes of the public. Find examples of other
advertisements which feature an endorsement by a well known personality
or expert. Why has the person / organisation been chosen to promote the
product or service?

“New”
Many advertisements promote their products by suggesting that they are
“new” and “improved”, something that is in advance of other products in the
range. How do you think this may affect the consumer? Have you ever
bought a product because it is “new”? Can you explain why?
Colour
Using the colour of blackcurrants in the design of the advertisement and in
the packaging makes a stronger connection with the fruit itself. Two berries
have even been substituted for the O’s in ‘Tooth’. What are the advertisers
suggesting about the drink? Find examples of other advertisements which
use colour to convey a quality about a product or service.

Competitive claims and comparisons
This ad seemed straightforward:
Daihatsu’s car is better than Vauxhall’s,
and Daihatsu were simply telling people
about it.
But when the ASA looked into a complaint
from Vauxhall, it found that the comparison
wasn’t quite so clear: for a start, the ad
failed to mention 34 specification
advantages the Corsa had over the
Daihatsu - but what is more, the ad used a
picture of a Corsa which was 18 months old
and had been superseded by a superior
model.

Analysis
In a very competitive environment advertisers work hard to convince you to
buy their product in preference to any other by attracting your attention and
appearing to be convincing. One technique used by some advertisers is to
compare their product to a product made by another company and
highlighting the benefits the advertisers’ product has over the competing
product. Making comparisons between two similar products is permitted
under the Advertising Codes but only if the comparisons are fair and do not
mislead, otherwise they offer the opportunity to run competitors’ products
down and provide the advertiser with an unfair advantage.

Look at the way the two cars in the ad are placed head to head – in direct
competition with each other.
• Look at the uneven number of entries listed under each car.

• Look at the way the different prices are displayed in bold.
• Look at the use of the pun in the word specs; one meaning of which is
specifications – what the product has to offer – the other an abbreviation of
spectacles.
But is it fair? No two products are exactly alike, as no two students are
exactly alike. It would be very unfair to compare two students in this way
wouldn’t it? And some of the negative fallout would attach itself to the
criticised student, even if it were proved wrong subsequently. The ASA wants
there to be a ‘level playing field’ where no one advertiser seeks an unfair
advantage. Needless to say the ASA upheld the complaint on the grounds
that the comparison was unfair.

A TV commercial for Tango received
complaints because it showed a dangerous
situation – a man messing about with
concrete pipes – which could be emulated by
children.
You can read more about this advertisement
on the ASA website www.asa.org.uk at the
following link:
http://www.asa.org.uk/asa/focus/case_studie
s/ASA+takes+fizz+out+of+Tango+ad.htm
Do you think the ASA was right to uphold the

complaints and have the commercial pulled
from air?

Children as audience
This is one of a series of Tango advertisements that have caused a stir
because they usually feature poor imitable behaviour under the slogan “You
know when you’ve been Tango’d”. The adjudication against this one hinges
upon whether or not young children can distinguish a fictional / fantastic
situation from a reality. This is a recurring concern in Media and Film Studies,
usually discussed in relation to the possible ‘effects’ of watch horror or violent
films and television programmes. How can we evaluate the effect that a
media text might have on an individual.
Research
There is a great deal of research into this area resulting in often competing
conclusions. Katherine Hamley’s research into children and television is a
useful starting point. She argues that children between two and five fall into
three stages in relation to their grasp of ‘television reality’ versus actual reality
(see next slide)

Children as audience
Stage 1, when children make absolutely no distinction
Stage 2, when there is an absolute distinction made between the two (here
they use the metaphor of a ‘membrane’ between television and reality which
is impermeable); and finally
Stage 3, when this ‘membrane’ becomes semi-permeable, so that children are
able to make some connections and some distinctions.
Many researchers have noted the distinction between children’s
understanding of reality and how this ‘suddenly’ changes as they progress
from the ages of four to six.
Does this support the withdrawal of the Tango advertisement? If so, how? In
your view should it have been withdrawn or rescheduled?

Research methods and procedures
It is now common practice for post 16 students to undertake a piece of
individual research for assessment. This is in order to broaden out
understanding of issues, a move towards a more active involvement in
learning. In most cases these assignments require reflection on the methods
and procedures used to gather research, and especially when it contains face
to face interview.

Children’s responses
Children constitute a special case for concern and there are many issues to
take into account when interviewing them. For example:
•The actual set up of the interview situation – where, with whom, when
•Each child is an individual and therefore their responses to television are

going to be as individual as they are
•External factors such as social class, gender, ethnic background, age, the
existence of friendship groups and peer pressure
•In speech a child is likely to say what he or she feels is appropriate to say in
that particular situation
Can you think of any others?

Interview guidelines
Construct a set of guidelines for an interview with a young child under 5 about
their responses to an advertisement. Describe the way in which ideally it
should be conducted and how it should be transcribed. It would be good to
have an actual example of an advertisement in your head whilst constructing
these guidelines.
(This would be an ideal starting point for those of you undertaking research
into children as audience.)
Log on to the Advertising Education Forum’s website for more guidance.
http://www.ebu.ch/CMSimages/en/online_32_e_ad_kids_tcm6-4073.pdf

Case Study – Marmite
“Marmite advert rapped by watchdog for 'terrifying' young children”
A recent advertisement featuring a giant blob of Marmite received complaints

because it left children "terrified" and “having nightmares”. It centres around a
large brown "amorphous" object described as reminiscent of the monster from
the 1950s science fiction film The Blob. In one, a couple are seen running
away from the blob before the woman, realising what it is, smiles and goes
towards it. A crowd of people are then shown either running from the blob or
diving into it. It ends with the Marmite slogan: "You either love it or hate it".
Six viewers made complaints to the ASA about it on the grounds that it
caused "distress" among their children, who were aged two and three, after
being broadcast around programmes aimed at youngsters. After deliberation,
the ASA imposed an "ex-kids restriction" on when the ads could be shown,
preventing them from appearing around programmes made specifically for
children.

Research
Research into this case study more thoroughly and relate your findings to at
least two pieces of research into children as audience. Write up your findings
in no more than 500 words.
A good place to start is the ASA’s adjudication at
http://www.asa.org.uk/NR/rdonlyres/E717E689-6A7F-4171-BEE7-
8B254B66D496/0/Broadcast_rulings_16_March_05.pdf

What happens when advertisers break the rules?
ASA research and statistics show that the vast majority of advertisers,
promoters and direct marketers comply with the advertising codes and when
the ASA upholds complaints about advertisements most advertisers are quick
to amend or withdraw their advertising. Those that do not may be subject to
sanctions. For example, adverse publicity may result from the ASA’s
rulings, which are published each week on its website www.asa.org.uk. The
media may deny space in their publications, poster sites or cinemas. It is
never in a publisher’s interest to have their readers misled or offended by
something in their publications. Trading privileges, such as special
discounts, can also be withdrawn. Pre-vetting may be imposed and in some
cases advertisers can be referred to the Office of Fair Trading for action
under the Control of Misleading Advertisements Regulations to prevent
misleading advertising appearing. In the case of broadcast commercials,
broadcasters who persistently run ads that break the rules can be referred to
Ofcom.

Misleading slimming mailing gets most
complaints
When Mrs A received a newspaper cutting about
Berry Trim Plus – a weight loss programme -
through the post, she was both deeply offended
and upset. It was the hand written message on
the front saying ‘Try it. It works’ that did it.
Guessing that the sender was her ex husband,
she blamed him.
It was weeks later that she discovered this was
not anonymous private correspondence, despite
the hand written message and individually
addressed envelope. Instead, it was a
commercial communication – direct mail
advertising - from Health Laboratories of North
America and Mrs A, like thousands of others,
had been targeted at random.

Disguise
Mrs A was one of hundreds of people who were so infuriated and disturbed by
this advertising campaign that they contacted the ASA. Perhaps not surprisingly,
it became the most complained about advertisement of 2001, with 211 formal
complaints received. Many, like Mrs A, disliked the fact that the advertisement
was disguised as a personal recommendation. Others felt the advertisement
promised unrealistic weight loss, played on insecurities and targeted people with
no apparent need for a weight loss programme. Recognising that
advertisements for slimming products can touch an area of consumer
vulnerability, the ASA keeps a close watch on them. Indeed, it is the ASA’s
responsibility to respond to consumer complaints and it looked to the British
Code of Advertising, Sales Promotion and Direct Marketing to see which of the
Code provisions could potentially have been breached.

Evidence
It became clear that a formal
investigation needed to take
place, and, as set down in
the complaints procedure,
the advertisers, the US
company Health
Laboratories of North
America, were asked to
respond to the complaints
and to provide evidence for
the disputed claims.
The advertisers did not reply

to the ASA - a serious
breach of the Code in itself -
and this resulted in an
automatic conclusion to the
investigation. The complaints
were upheld.

Action
The role of the ASA did not end there. Both the advertisers and the
fulfilment house were based in countries other than the UK, which meant
that the usual sanctions could not be applied and it was necessary for the
ASA to work alongside other agencies. The Dutch equivalent of the ASA
was contacted in order that pressure could be applied in Holland from
where the goods advertised were distributed. Likewise, the US Federal
Trade Commission was contacted regarding the outcome of the
investigation and urged by the UK Office of Fair Trading to stop the
campaign.
The ASA felt it was important that consumers in the UK were fully aware of
the problems with this advertising campaign and wished to prevent any
further distress to unsuspecting consumers. A full adjudication was
published on the ASA website together with high profile media coverage
that included discussion on GMTV with Lorraine Kelly. Advice given to
consumers who had received this direct mailing was simple – throw it in
the bin.

Activities
The slimming business is a multi-million pound industry with global interests
and consumers of slimming products are particularly vulnerable. The ASA is
keen to raise the issue of bogus and misleading advertisements for slimming
products. Look at the Health, Beauty and Slimming entries in the Issues
section of the ASA website for further information and activities.
In the mean time you could usefully log on to the Office of Fair Trading
website and look at their How to Deal With Misleading Adverts document
PDF file www.oft.gov.uk

Activities
Primary research and written activity
The directly mailing featured in the previous slides caused great offence to
some of those who received it. Interview a mature woman, possibly your
mother, about the way this advertisement seeks to persuade a potential
customer. How do we react? What are their observations? How is the
advertisement attempting to persuade the customer?
Write a formal letter of complaint to the ASA using the interview information
and your own observations and analysis.

The ASA and the law
The ASA operates within a framework of laws and regulations to protect

consumers when they buy goods and services. Whilst the ASA is the first point
of call for most complaints about advertising, laws designed to ensure
consumers are not disadvantaged are enforced by bodies such as local authority
trading standards departments and the Office of Fair Trading. They include:
The Trade Descriptions Act

The Sale of Goods Act
The Supply of Goods and Services Act
A longer list of relevant legislation that affects advertising can be found in the
CAP Code on the ASA website.


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Controlling

ASA Schools and Colleges resources No.1

In boxes like this one, you will find

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D - differentiate a company’s products from those

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