ASA Adjudication on Americana International Ltd

Americana International Ltd t/a Bench

Tanzaro House
Ardwick Green North
Manchester
M12 6FZ

Date:

25 January 2012

Media:

Magazine

Sector:

Retail

Number of complaints:

1

Agency:

Anomoly UK Ltd

Complaint Ref:

A11-174056

Ad

A magazine ad, for a clothing brand, appeared in the spring '12 issue of Drapers Streetwear. It featured young people, who were on sofas in a backstage setting. There were crushed cups on the floor and various items, including more cups, drinks cans, fruit, bottled water and unlabelled alcohol bottles, were shown on a coffee table.

Issue

The complainant challenged whether the ad was irresponsible, because she believed it was likely to appeal particularly to people aged under 18.

CAP Code (Edition 12)

Response

Bench said they did not condone irresponsible use of alcohol and they did not believe the ad promoted unwise attitudes towards alcohol. They said the unbranded props were used to establish the story behind the image, which was that the models were in a backstage setting, in which there might usually be a selection of soft and alcoholic drinks, after a gig. They said the drinks containers were appropriate alongside the fruit, which formed part of the band's rider, and a clothes rail and flyers. Bench said none of the models were holding drinks or 'interacting' with the drinks containers; they did not appear under the influence of alcohol and were clearly sober. They said their target audience was aged 21 to 35 years and therefore their ads were not aimed at under-18s; in addition, the readership of Drapers, which was a trade publication, was also aged over 18.

Drapers said the publication was the weekly news magazine of the fashion industry and, as such, it was a business-to-business magazine. They did not therefore survey readers to determine their ages. However, the publication was not targeted at consumers or under-18s. They said their readership mainly comprised chief executives, directors, managers, buyers, merchandisers and sales and marketing executives from fashion brands and retailers. They said the ad itself would have been targeted specifically towards retailers to create interest in the Bench brand and they had not received any complaints about it.

Assessment

Not upheld

The ASA noted the ad included scenes from a backstage setting, which we considered were likely to appeal to under-18s who saw it, by being associated with youth culture. We also noted, however, the ad appeared in a trade-specific publication that was targeted at those aged over 18 years. We considered it was unlikely that under-18s would see the ad and therefore that its appeal to that age group was limited by it being targeted. Because it was not directed at people under 18, we concluded that the ad did not breach the Code.

We investigated the ad under CAP Code (Edition 12) rules 1.3 (Responsible advertising) and 18.1, 18.14 and 18.15 (Alcohol) but did not find it in breach.

Action

No further action necessary.

Making a complaint

Find out what types of ads we deal with and how to make a complaint.

How to complain

Adjudications

View our latest weekly ASA adjudications or search for rulings from the last five years.

Adjudications

Non-compliant online advertisers

Check the list of non-compliant online advertisers.

Non-compliant online advertisers

Sign up

Sign up for adjudications alerts and newsletters.

Sign up

Already registered? Login

ASA job vacancies

The ASA is currently recruiting for Complaints Executives

Current vacancies

Advice and guidance for Advertisers

For advice and training on the Advertising Codes please visit the CAP website. To get bespoke advice on your ad before it is published, you can visit the

Copy Advice website

Copyright © 2009 ASA