Unilever Bangladesh Ltd ZN Tower Plot No 2 Road No 8 Gulsha Avenue Dhaka 1212 Bangladesh Nepali TV Nepali TV Ltd Westec House Westgate Ealing London W5 1YY

Date: 15 October 2008 Media: Television Sector: Health and beauty

Ad
An ad in Bangla, for Fair & Lovely, was broadcast on Nepali TV.  The ad showed a young girl dancing in her bedroom, her father came in and said "Child, dont waste your time like this, please study".  The girl looked at herself in the mirror and repeated her fathers words "wasting time?"  She picked up a tube of Fair & Lovely that was on a newspaper.  The newspaper promoted a world dance competition in a months time.  She held the tube firmly in her hand and shook it and said "I have to prove myself".  The ad showed her practising her dancing with graphics indicating the days passing by.  On day seven the girl was shown in profile with the outline of her face glowing.  The voice-over said "New Fair & Lovely: total fairness.  Gives sun protection in seven days".  The ad showed the girl practising hard as the days went by.  The girl auditioned for the competition in front of a panel of judges.  On day 14 the ad showed a close-up of her face with her hand stroking her cheek.  The voice-over stated "soft, glowing skin in 14 days".  Her dance training continued with a choreographer.  On day 21 she performed at the dress rehearsal and the voice-over stated "even-toned fair skin in 21 days".  The ad showed a close-up of her face with a bright line in the middle of it.  The line divided in two and moved up and down revealing a lighter face.  The voice-over said "Every day beauty increases, within one month total fairness".  The ad showed her performing at the competition and receiving a standing ovation.  The ad showed a close-up of her face, which had become much lighter, and the voice-over stated "total fairness in one month".  The ad featured graphics denoting day 28 and showed her face in quadruplicate having gradually lightened over the period.  The ad showed her parents watching the competition on TV and their daughter receiving the prize.  The ad ended with the girl holding the trophy and looking elated for winning the competition.  The voice-over said "Everyday counts!  New Fair & Lovely".

Issue
Monitoring staff challenged whether evidence substantiated the implication that Fair & Lovely made skin lighter as a result of four weeks use.

BCAP TV Advertising Code:

5.1;5.2.1

Response
Nepali TV did not comment.

Unilever explained that the ad was in Bangla and was created for use in India and Bangladesh.  They said that when the ad was broadcast in India no objections had been raised by anyone including the Advertising Standards Council of India (ASCI).  They added that Unilever had not wanted to advertise the Fair & Lovely products in the UK and that the ad had been broadcast by Nepali TV  without their knowledge or consent.

Assessment
The ASA noted Nepali TV held an Ofcom licence and was required by the conditions of that licence to comply with the CAP (Broadcast) TV Advertising Standards Code.  The Introduction to the Code states "This Code applies to all the Ofcom licensees ... [including] satellite television services provided by broadcasters within UK jurisdiction (whether or not their main audience is in the UK)."

We noted Nepali TV had not been able to submit a translation of the ad, had not explained why they thought the ad was acceptable and had not submitted evidence to substantiate the claims.  Because we had seen no evidence to substantiate the claims, we considered that the ad was misleading and that Nepali TV should not have broadcast it.

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence).

Action
The ad must not be broadcast again in its present form and the product should not be advertised without adequate substantiation for the claim made for it.  We reminded Nepali TV of its responsibility to ensure that the advertisements they transmitted complied with the Code.

Adjudication of the ASA Council (Broadcast)