list of contributors - GALA

4. Legislation: Advertising Code of Conduct
Topic: Degrading advertising
When: February 2005
Who: Advertising self-Regulation Association
Where: Spain
What Happened: The Gillette España, S.L. Group filed a claim against an advert that the
company Unilever España, S.A. is responsible for.
In the advert, the voice-over says: “The skin under your arms is very delicate
and depilation can damage it.” This declaration is accompanied by an image
in which we can see a razor passing over gauze, ripping it and causing a hole
therein.
In the plaintiff’s opinion the advert is calumnious to razors, and, therefore,
contrary to Rule 21 of the Self-Regulation Code of Conduct which establishes
that:
“Advertising should not slander or slight, either implicitly or explicitly, other
companies, activities, products or services. The declarations set down in the
advertising message will not be considered slander if they are exact, true and
relevant. In particular, allusion to the personal circumstances of the employer
or his/her company will not be considered relevant.”
Likewise, Gillette España, S.L. understands that the advert violates Rule 5 of
said Code, which prohibits exploiting the consumers’ fear, alleging that the
advert instills an unjustified fear by identifying the use of razors with the risk
of suffering quite considerable injuries to the skin.
In its ruling, the Self-Regulation Jury considers that we have a case of
advertising that is slanderous to razors. In its opinion, the advert images do
not correctly transmit the idea of the true effects that depilation has on the
skin. It goes far beyond this, exaggerating its effects and aggressively
representing effects that could be considered devastating for people’s skin.
This idea is reinforced by the declaration that accompanies the images, where
it indicates that depilation can damage the skin.
Nevertheless, the Jury does not consider that the advert infringes Rule 5 of
the Self-Regulation Code of Conduct as it is improbable that the advert
objected to can generate fear or instill consternation among the consumers.
In consequence, the Jury allowed the complaint by Gillette España, S.L. and
declares that the advert infringes the principle of non-defamation of the Self-
Regulation Code of Conduct.
Comments: Although it is illicit to use a certain degree of “advertising exaggeration”, it
should not be capable of slighting other products or services.