Jakob Owens via Unsplash
Global online business Temu has been caught in an Australian AdStandards review, resulting in the removal of a “sexually inappropriate” advertisement.
According to a case report by the advertising watchdog, the internet advertisement featured a woman “on all fours with her buttocks facing the camera, wearing a g-string swimsuit”.
The image was accompanied by text reading “Yellow Bikini Girl Hot Butt Metal Tin Sign.”
The anonymous complainant told AdStandards that they were purchasing basic household items from the online site Temu “and amongst the product range there is sexually inappropriate products (sic) placement that randomly appear".
A representative for Temu responded to the complaint, arguing that the product image did not constitute an advertisement as defined under the Australian Association of National Advertisers' (AANA) Code of Ethics (Code).
“The product image simply constitutes an image of a product that was available for purchase on the Temu platform, being a metal tin sign of a women in a bikini,” the representative wrote.
“Thus, the product image is simply a listing of the product at its point of sale (being the Temu platform) to facilitate purchases of the product, as opposed to a form of external marketing communication which was intended to reach/draw the attention of the general public.
“We therefore submit that the code is not applicable with respect to the product image.”
An AdStandards community panel wrote that the image of the sign in the product image drew attention to the product and was within the control of the advertiser - that being Temu.
“The panel considered that while product packaging is excluded from the definition of advertising, an image of the product designed to draw attention to it does fall within the definition of advertising.
“The panel considered that the image did meet the definition of advertising under the Code.”
The Temu representative then argued that if it is deemed to be advertising, the product image also doesn’t breach section 2.4 and 2.2(b) of the code, both relating to sex, sexuality and nudity as well as exploitative or degrading advertising respectively.
“Temu recognises that the image on the metal tin sign may be perceived as a depiction of sexuality by some members of the public. As stated in AANA's Practice Note with respect to the Code (Practice Note), images of models in a bikini are generally permitted provided they are not overly sexual and inappropriate for the relevant audience.
“Temu considers that any such perceived 'sexuality' has been treated with adequate sensitivity with respect to the intended predominantly adult audience.”
It was also noted that under Temu’s Terms of Use, users of the Temu platform must be at least 18 years old.
“Minors between the ages of 18 and 13 years of age are only permitted to use the Temu platform through an account owned by a parent or legal guardian with appropriate permission and direct supervision,” they wrote. “Children under 13 years of age are not permitted to use the Temu platform.”
The Temu representative then doubled-down, saying the model displayed on the product is not depicted in a pose which is unduly or overtly sexual.
“The model is featured in a pose to emphasise a particular body part and garment, which are the key features of the Product. Whilst the model's buttocks is visible, this is appropriate in the context, given the Product is marketed as a metal tin sign of a girl in a bikini with a "hot butt".”
The AdStandards community panel noted that the advertisement featured a picture of a sign which depicted a woman wearing a bikini in a sexualised pose, leading them to believe the depiction featured sexual appeal.
They also noted that woman was depicted in a manner that suggested she was an object, and considered that this depiction was degrading.
“The panel noted that the advertisement was a depiction of the product for sale, and as such the use of the image was directly relevant to the product being promoted. However, the panel considered that the image itself portrayed the woman in a highly sexualised manner which suggested that she was an object or commodity. The panel considered that the advertisement was exploitative.”
Despite arguing the appropriateness of the product image/advertisement, Temu quickly acted after receiving the complaint and took it down. The online retailer also said it will consider what practices can be adopted going forward to prevent similar displays being made or viewed as experienced by the complainant.
“Temu is open to liaising, and working with, Ad Standards to resolve any issues or concerns. Noting the remedial action taken by Temu in relation to the complaint, Temu requests that the matter proceed on an informal basis.”
This is not the first time Temu has been caught using inappropriate imagery on its website, with a BBC report last month claiming the online retailer has had an advert banned for sexualising a child.
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