Celebrities in ads: what to do and what not to do

23 November 2007

Whether the personality is holding the baby or holding the bottle, celebrity ads are held to account by the rules laid down in the advertising standards codes

The value of celebrities to brands can be demonstrated in real financial terms: Hamish Pringle, in his book “Celebrity Sells”, points to how the Jamie Oliver campaign helped turn around Sainsbury's fortunes, with a return on investment estimated at £27.95 for every pound spent on advertising; sales of Walker's Crisps increased by 105% thanks to Gary Lineker.   An index, the Davie-Brown Index, even determines a celebrity’s ability to influence brand affinity and consumer purchase intent.

One way for marketers to ensure return on their investment in a celebrity endorsement is to avoid getting into trouble with the ASA.  And the way to ensure that is by getting celebrity ads to comply with the CAP and BCAP Codes.

Types of celebrity ads   So what are the types of celebrity ads?  The main ones seen by the ASA during the course of its work can be categorised as:

• Ads featuring celebrities endorsing third-party brands.
• Ads for entertainment products, such as computer games, films and TV shows, in which a celebrity features.
• Ads in which celebrities sell their branded products and services, such as fitness videos or books.

Types of problems with celebrity ads

Claims in ads

Celebrities may be used in an ad to state or imply a claim about a product.  If a claim goes beyond the usual “I think it’s great” puffery and is capable of objective substantiation, the advertiser needs to have adequate documentary evidence to back it up.  And that remains so even if the celebrity is an informed professional.

Clever milk: not so clever ad

An ad for St Ivel milk featured Professor Robert Winston.  Famed for his work in IVF, he made a perfect advocate for a product that benefited children’s health.  A quote from Professor Winston in the ad stated "Recent scientific studies suggest Omega 3 may play an important role enhancing learning and concentration in some children. Children of today do not appear to have enough Omega 3 in their diet. The challenge is how to increase the amount of Omega 3 in its most usable form by the body. The largest source of this nutrient is oily fish and, as many mums have found, this food is not popular with children. What has been lacking is an easier way for families to get more Omega 3 in a more user-friendly format". Text in the body copy stated "New St Ivel advance is fresh milk enriched with Omega 3, (EPA and DHA - the forms most readily used by the body). Here is the easy way to ensure you and your family receive the benefits of Omega 3 while enjoying the delicious taste and goodness of fresh milk. St Ivel advance is available either as whole or semi skimmed milk with Omega 3 ...”.

The ASA received complaints challenging whether Omega 3 and the St Ivel milk enhanced children’s concentration and learning.  In its response, the advertiser submitted  some scientific studies.  The ASA acknowledged that the submitted evidence showed the supplements used in those trials reflected a generally positive result for children with certain learning or behavioural problems; it considered, however, that they did not show that Omega 3 fatty acids at the concentrations in St Ivel advance had a positive effect on learning and concentration for children in general.  Read the adjudication.
 
The ASA’s adjudication attracted much media attention mainly because of Winston’s association.  Read some of the news stories that resulted.

One man banned

Although strained relations can ensue between celebrity and brand after such a bout of bad publicity, celebrities who market products and services under their name should also be wary of complaints to the ASA.

The ASA recently ruled on an ad that featured Paul McKenna advertising his Weightloss event.  The ad showed a picture of McKenna and stated “the most effective weight loss system available. Lose weight and keep it off".  Again, the advertiser’s substantiation was found wanting, lacking the data to show that people kept weight off for life.  Read the adjudication.

Making a good impression

An important consideration both for celebrities concerned about their image and for brand owners is that of social responsibility.  Audiences invest goodwill in celebrities (hence their value to brands) and that goodwill should not be exploited by featuring celebrities in ads that are socially irresponsible or condone socially irresponsible behaviour, thereby breaking the CAP Code.

The ASA has upheld complaints against an ad for rapper Curtis “50 Cent”' Jackson's new album, ”Get Rich or Die Tryin” because it showed him holding a gun as well as a child.  The ASA considered the combination of the title, "Get Rich or Die Tryin", and the image of Jackson carrying a gun could imply success could be achieved through violence. The ASA concluded that the image was likely to cause serious or widespread offence and was irresponsible. Read the adjudication.

A Gary Lineker ad for Walker’s crisp generated complaints to the ASA because his behaviour was thought to encourage bullying.  Although the ASA did not uphold the complaints, generation of concern among consumers suggests both the advertisers and celebrities should think carefully about the potential to be thought of as socially irresponsible when planning campaigns.  Read the adjudication.

Incidentally, on 21 November the ASA held a debate in Nottingham on violence in advertisements.  Click here for more information.

Privacy and permission

Although in most instances celebrities and brands agree contractually to work together, sometimes advertisers use a famous person’s image in an ad without their permission.  The CAP Code urges advertisers to get written permission before featuring a public figure in an ad and advises marketers that those who do not want to be associated with a product could have a legal claim if they are associated with it in an ad.

The AdviceOnline entry “Privacy: Permission” gives some useful background including examples of ASA rulings.

Never use celebrities in ads for …

The use of celebrities in some ads is prohibited so don’t even think about using them.  You can’t use celebrities in:

• TV advertisements for food and drink products that are high in fat, salt or sugar and are targeted directly at pre-school or primary school children. In non-broadcast media, celebrities and licensed characters are banned in food or drink advertisements that are directly targeted at primary school or pre-school children through their content.  Those advertisements cannot include a licensed character or a celebrity popular with children.
• TV advertisements for medicinal products or treatments.

So remember, for that celebrity ad to work as well as it should:

• Always hold substantiation for claims in the ad, including those attributed to the personality;
• Ensure you have the permission of the featured person, otherwise prepare to face potential legal action;
• Make sure your ad is socially responsible and is not likely to condone or incite socially irresponsible behaviour.