YDE NAKED SALE / J DU TOIT / 2017-5354F
- Ruling of the:
- In the matter between:
JACQUES DU TOIT
YOUNG DESIGNERS EMPORIUM (PTY) LTD
11 April 2017
Mr Du Toit lodged a consumer complaint against in-store advertising appearing in a YDE store in Somerset Mall.
The advertising shows, inter alia, a naked women swimming. The wording reads:
"YDE NAKED SALE
Dive Right in!”
The complainant submitted that the advertising was sexually explicit and harmful to children and that it would contribute to sexualising children before they are mature enough to tackle such issues responsibly. Attempts to resolve this issue directly with Mall Management and the respondent’s store have failed.
Relevant Clause of the Code of Advertising Practice
In light of the complaint the following clauses of the Code were taken into account:
- Section II, Clause 1 - Offensive advertising
- Section II, Clause 14 - Children
The respondent submitted arguments on the merits of the matter, noting that the "Naked Sale” is a sought after promotion, and that the images are used to show that prices are literally stripped down to the minimum. As such, there is a meaningful connection between the marketing material and the campaign. The Naked sale was tastefully executed and not lewd or pornographic.
It added that the promotion has come to an end, and the marketing material has accordingly being taken down.
ASA Directorate Ruling
The ASA Directorate considered all the relevant documentation submitted by the respective parties.
The ASA has a long-standing principle which holds that where an advertiser provides an unequivocal undertaking to withdraw or amend its advertising in a manner that addresses the concerns raised, the undertaking may, at the discretion of the ASA, be accepted without considering the merits of the matter.
As the respondent has already removed the advertising, there is no need for the Directorate to consider the merits of the matter at this time.
The respondent’s removal of the advertising is therefore accepted as an adequate resolution to this matter.
The respondent is encouraged, however, to remain mindful of the fact that its shop-front material would likely be exposed to more than just its target market, and that it should prepare its material with a sense of responsibility to those who are likely to be exposed to it.
Previous Ruling Next Ruling
JAMESON WHISKEY ALCOHOL / T NHLEKO / 2017-5355F
The commercial did not appear to contain the mandatory "Not for sale to persons under the age of 18” disclaimer.