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Notes of Guidance

15. Sensitive Products

Sensitive Products Index
15.1 Sanitary Protection
15.1.1 Avoiding Offence and Embarrassment
15.1.2 Appeals to Insecurity
15.1.3 Visual Treatments and Product Description
15.1.4 Comparisons
15.1.5 Promotional Techniques and Testimonials
15.1.6 Presenters and Voice-Overs
15.1.7 Very Young Women
15.1.8 Restrictions on Times of Transmission
15.2 Other Products Subject to Similar Considerations as for Sanitary Protection
15.3 Branded Contraceptives
15.3.1 Avoiding Controversy and Minimising Offence
15.3.2 Visual Treatments
15.3.3 British Standard no. 3704
15.3.4 Comparisons
15.3.5 Promotional Techniques
15.3.6 Public Service Advertising
15.3.7 Restrictions on Times of Transmission

There are certain product areas where experience dictates that particular care needs to be taken to avoid the potential for offence or embarrassment.

15.1 Sanitary Protection
15.1.1 Avoiding Offence and Embarrassment
This product category is unusually sensitive and commercials for it can easily cause offence or embarrassment, even among people who have no objection in principle to its being advertised on television. Because it is often viewed in a family setting, television advertising needs to be treated with restraint and discretion. Anyone intending to produce a commercial for a sanitary protection product is advised to discuss it with Clearcast at an early stage; clearance is likely to involve reference to the Copy Committee. See also the scheduling restrictions in Appendix 2.

15.1.2 Appeals to Insecurity
No commercial may contain anything which, either directly or by implication, is likely to undermine an individual's confidence in her own standards of personal hygiene. No implication of, or appeal to, sexual or social insecurity is acceptable. Commercials may not suggest, by whatever means, that menstruation is in any way unclean or shameful and variations of the word 'clean' are unacceptable in advertising for this product category, as are other potentially offensive words such as 'odour'.

15.1.3 Visual Treatments and Product Description
Visual treatments must be tasteful and restrained, and particular care is needed with shots of unwrapped towels or tampons, whether actual or diagrammatic. Detailed references, whether in sound or vision, should avoid graphic descriptions which might offend or embarrass viewers.

15.1.4 Comparisons
Comparative advertising is acceptable but disparaging references, whether made directly or by implication, are not. Comparisons which name or otherwise identify a competitive product are not acceptable in advertisements for sanitary protection products.

15.1.5 Promotional Techniques and Testimonials
Normal promotional techniques, e.g. on-pack offers or samples, are acceptable. Testimonials, whether from members of the public or celebrities, are also acceptable. However, claims or impressions of medical endorsement of a product are not acceptable (See 8.6.14, Impressions of Professional Advice and Support).

15.1.6 Presenters and Voice-overs
Female presenters and voice-overs are generally more appropriate than male in commercials for sanitary protection products. However, the acceptability of male presenters and voice-overs will be judged on the merits of individual cases. Prominent male involvement and overt references to sexual relationships are best avoided in advertisements in this category.

15.1.7 Very Young Women
Particular discretion is required when referring to a product's suitability for very young women. Girls appearing in advertisements for sanitary towels should be, and appear to be, at least fourteen years old. In the case of advertisements for tampons, the acceptable minimum age of girls featured depends on the context.

15.1.8 Restrictions on Times of Transmission
Sanitary Protection advertisements may not be transmitted in or adjacent to children’s programming or programmes, which though not specifically children’s programmes, maybe of particular appeal to younger children under 10.

15.2 Other Products Subject to Similar Considerations as for Sanitary Protection.
The generality of these guidelines, including similar restrictions on times of transmission, is applicable to advertisements for other products, e.g. deodorants for the genital area or treatments for vaginal thrush or incontinence products, whose subject matter and transmission at times when children are likely to be watching may cause offence or embarrassment.

15.3 Branded Contraceptives
15.3.1 Avoiding Controversy and Minimising Offence
The advertising of branded contraceptives on television is acceptable in the interests of public health, e.g. the prevention of AIDS and other sexually transmitted diseases. However, it is recognised that some viewers are opposed to the use of contraceptives on religious and other grounds and advertisers are required to exercise restraint in order not to cause avoidable offence to those viewers, as well as to others who have no objection in principle to the advertising of contraceptives, but who may nevertheless be offended or embarrassed by a crass or insensitive approach.

In particular, advertisements for branded contraceptives should not suggest or imply that casual or promiscuous sexual behaviour is in order as long as a contraceptive is used. There should be nothing in any advertisement to suggest that the relationships portrayed are anything other than stable and well established. People depicted in advertisements should appear unambiguously to be over the age of consent. References to homosexual relationships need to be treated with particular discretion.

Advertisements for branded contraceptives should avoid portrayals or descriptions of sexual activity, as well as the use of language which might be regarded by viewers (particularly older ones) as coarse or vulgar.

15.3.2 Visual Treatments
All visual treatments should be restrained. Shots of unwrapped products are not usually acceptable and may, if accepted at all, be restricted to late-night transmissions, e.g. post-2230h. Pack shots are acceptable, provided there is nothing on the pack which would be likely to cause offence.

15.3.3 British Standard no. 3704
All condoms must comply at least with BS3704.

15.3.4 Comparisons
Comparative advertising which names or otherwise identifies a competitive product is not acceptable for branded contraceptives. Disparaging references to other products, whether made directly or by implication, are also unacceptable.

15.3.5 Promotional Techniques
Promotional techniques, such as pack offers and samples, are acceptable.

15.3.6 Public Service Advertising
Experience suggests that the viewing public is prepared to allow a slightly greater degree of latitude in the case of public service advertising, e.g. for the prevention of AIDS, than in the case of commercial advertisers. However, it must be emphasised that any difference is essentially one of degree and the whole area is one requiring the greatest sensitivity and discretion on the part of advertisers.

15.3.7 Restrictions on Times of Transmission
On Channel 4, branded contraceptives may not be advertised before 1900h.

On ITV they may not normally be advertised before 2100h. However, in certain circumstances advertisements may be accepted for transmission in the breaks adjacent to programmes between 2030h and 2100h which have been specifically cleared with the ASA as suitable. Approval is normally given only in the case of programmes unlikely to attract any significant child audience. Anyone wishing to take advantage of this exception should discuss their proposals with Clearcast at the earliest possible stage.

On other channels licensed by the Ofcom, timing restrictions reflect the nature of the audience: details should be sought from the broadcasters concerned.

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