Honey Birdette and Uber Eats break ad standards

While sexually explicit content remains its principal concern, the regulator also upheld several complaints on the grounds of negligent health and safety advertisements. 

Honey Birdette campaign. Picture: Florian Semanaz

While sexually explicit content remains its principal concern, the regulator also upheld several complaints on the grounds of negligent health and safety advertisements. 

It might be Instagram and TikTok influencers pushing the limits of ethical advertising more and more these days, but it was the old-fashioned shop window, billboard and commercial TV ad that kept the industry regulator busiest this year. 

Whether it was “pornographic” displays promoting lingerie, a delivery service failing to treat domestic violence seriously or an online gambling company breaching “language and gender” standards, there was no shortage of the bizarre, petty and scandalous for Ad Standards in 2022.

Among the 254 reviewed complaints, surveyed by The Australian, 48 were upheld by Ad Standards as breaches of the Australian Association of National Advertisers’ code, with the regulator censuring a slew of Instagram influencers, well-known retail brands and seasoned troublemakers who have long ignored calls to amend or discontinue offensive ad campaigns.

Lingerie retailer Honey Birdette — frequently cited as the most complained about brand in Australia — was the subject of more than a dozen separate cases in 2022 for its depictions of women in its shopping centre window displays.

In one complaint, the lingerie label was accused of degrading women. 

A Honey Birdette Shopfront in Westfield Geelong in 2017.Photo: Pat Scala

The company responded to Ad Standards saying it supported the empowerment of women and their “right to pursue pleasure” in a “safe and inclusive environment”.

Wicked Camper, whose hire vehicles continue to stir controversy across the country, was ruled against by the regulator in April for a “transphobic slogan”.

The company’s vehicles can now be deregistered in every Australian state for any AANA breaches determined by Ad Standards.

Meanwhile, Uber Eats found itself in hot water again this year after the company was found to have breached the ethical code for a free-to-air TV ad featuring a young couple breaking up.

In the ad, a woman is seen tossing her boyfriend’s possessions off an apartment balcony following an argument. To win her back, he orders skinless chicken breast, broccoli and protein bars “to get ripped”. But is again rejected and instead decides to order frozen nuggets.

The complaint, which was upheld by the regulator, said the ad “glorified domestic violence”, noting that “if the genders were reversed, it would have never been made”.

“The woman’s actions were menacing and, in combination with the property damage, this did amount to a depiction of domestic violence, despite the man’s laconic response,” Ad Standards concluded.

In another instance, online gambling giant Unibet was found to be in clear breach of the AANA’s language and gender code, after it published an advertisement with the slogan: “Cashing Out is for Pussies”.

It discontinued the advertisment in August after Ad Standard’s ruling. 

While sexually explicit content remains its principal concern, the regulator also upheld several complaints on the grounds of negligent health and safety advertisements. 

Electrical company Voltizer, formerly known as Voltex, came under criticism for its online promotion of an energy saving device, in which a person inserts the tip of a metal drawing compass into a power socket, under the tag: “#1 trick to cut power bills. A secret way to cut electricity bills takes Australia by storm”.

The company was also found in breach for a similar advertisement that depicted a person holding metal chopsticks near a power point with arrows pointing towards its socket. 

“Anyone pushing a metal object into a power socket could be electrocuted,” read one complaint, which was upheld by Ad Standards in September.

“Their other ad … shows a canister of WD4 nozzle pointed into a power socket and this is still up. There is absolutely no reason for any member of the community to interfere with a power socket with WD40 or metal forceps … The consequences could be dire if they do.

“As a scientist, I find this very disturbing.”

The regulator’s independent panel, which reviews all submitted complaints, is composed of 21 members of the public, who are not linked to the advertising industry.

Companies in breach of the AANA code of ethics cannot be compelled to amend or discontinue their advertising by the regulator.

Ad Standards chief executive Richard Bean said the vast majority of Australian brands, found to be in breach of the code, comply with the independent panel’s decision.

“The thing to note about those who ignore complaints is that they are the exceptions that prove that there are hardly any advertisers who don’t comply,” he said.

“Honey Birdette is a rare case where the advertiser doesn’t co-operate and controls the media upon which they advertise.”

“They choose to be provocative and they [have] obviously made the assessment that it works for their customers and they don’t care about risk.”

The Australian sought comment from Honey Birdette.

While social media influencers comprise approximately 10% of all complaints, Mr Bean said it was likely this would rise in the coming years, as brands continue to transition the bulk of their advertising onto digital platforms.

“We still have a majority of complaints coming from traditional advertising, with about 50% related to commercial TV ads, but that’s much lower than it used to be.”