The Advertising Standards Authority (ASA), ruled images on a section of American Apparel’s website which featured images of a young girl were unsuitable to be seen by children.
The watchdog added it was “offensive and irresponsible” to use the images as they sexualised a model that looked under-16. Images were displayed on a website which could be viewed by, and likely to appeal to, children under 16, the ASA continued.
Separately, three ads for hosiery on the retailer’s website were deemed “unnecessarily sexual and inappropriate” for a site that could be viewed by children.
American Apparel defended the spots claiming “it was standard practice to market hosiery, intimates or lingerie in the way done on their website” arguing that rival retailer sites selling similar products in a similar fashion and that they could also be accessed by children.
Nina Best, an expert in advertising law at Browne Jacobson, says the retailer needs to tread carefully going forward given earlier run-ins with the ASA.Previous spots have been deemed “pornographic and exploitative” by the regulator.
“The ASA has close links with the Office of Fair Trading, a body with bigger teeth than itself. It may decide to refer American Apparel’s behaviour to the regulator who has more ammunition in its armoury to tackle the arguably irresponsible advertising,” she says.
However, an ASA spokeswoman told Marketing Week was no such plans to refer the retailer to third parties as the current regulations for non-broadcast advertising prevented it from doing so and that American Apparel’s compliance rate with its rulings was satisfactory.