In August 2016 the Advertising Standards Authority (ASA) upheld a complaint about an Iron Man 3 email that Ladbrokes Casino had disseminated to their players [read more here]. Ladbrokes appealed the decision and on 17th May, the ASA reversed their original ruling!
Ladbrokes Casino responded to the original complaint by saying that the image used was reflective of popular culture and of an adult them and that all of the consumers that the email was sent to had been validated as being over the age of 18.
The advert was originally banned because it may ‘be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture’.
The Ladbrokes Appeal And Re-Assessment
The ASA took into consideration all the information that Ladbrokes Casino provided in relation to the appeal and chose to overturn their original ruling, taking it from Upheld to Not Upheld.
They accepted that whilst Iron Man itself may have appeal to children and young people, the email in question was only sent to registered customers and those that had already been proven to be above the age of 18.
Whilst the email was not directed at children or young people, there was a risk that they could be exposed to it but in this instance, accepted that Ladbrokes Casino had ensured that the email was targeted in such a way that it was highly unlikely that it would be seen by young people and children.
For this reason the email was found not to be in breach of the two CAP Codes below:
Marketing communications must not:
be likely to be of particular appeal to children or young persons, especially by reflecting or being associated with youth culture