ASA Clarifies the Rules: When “Need Drugs to Get You Through Christmas?” Stays Compliant – and When It Won’t
- emcat55
- 2 minutes ago
- 2 min read
As advertisers embrace the festive season with bold and playful campaigns, the Advertising Standards Authority (ASA) is reminding brands that drug-related humour is a regulatory minefield. Recent rulings show just how easily seemingly harmless wordplay can stray into a breach of the CAP Code.
The ASA has reiterated that any reference to illegal drugs - however subtle, indirect, or humorous - is likely to be unacceptable. Even if a term is widely recognised by the target audience, or intended purely as a joke, the regulator considers such references to risk condoning or trivialising illegal drug use.
A delivery company recently learned this lesson when an ad built around slang terms such as poppers, acid, and blow was banned. The ASA ruled that presenting illegal drugs as a humorous talking point encouraged apathy towards substances that pose real harm.
However, the regulator has also highlighted examples where creative messaging was found to be compliant. Complaints about a Christmas ad asking “Need drugs to get you through Christmas?” were not upheld. Crucially, the ad immediately clarified that the “drugs” in question were caffeine, sugar and chocolate. The ASA noted that the playful tone, combined with an explicit distinction between legal and illegal substances, meant the ad was unlikely to cause harm.
In contrast, a more recent ruling demonstrates how indirect references can still fall foul of the rules. An advertisement featuring a brown king-size rolling paper, accompanied by text mimicking the psychological effects typically associated with cannabis use, was judged to be in breach of the Code. Despite the advertiser’s claims that no drug references were intended, the ASA concluded that the imagery and messaging implied illegal drug use and therefore broke the rules - even though the ad was targeted exclusively at adults.
The regulator emphasises that references to illegal drugs will only be acceptable in exceptional circumstances, such as anti-drug campaigns. Ads offering rehabilitation or treatment services, however, are generally considered unlikely to be irresponsible.
As part of its ongoing commitment to supporting responsible advertising, the ASA encourages advertisers to seek guidance at the earliest stage. The Copy Advice team remains available to review concepts and help brands avoid missteps - especially during the high-energy, high-risk festive advertising period.
