For the last year Burger King, one of the leading chains of hamburger fast food restaurants, has run two rather controversial advertising campaigns. The main trick was to use polysemantic words or images with a reference to vulgar language. The reference is made slightly: the pun in this ad is supported by the image of the food network.

For example, in ad campaign of May 2016 the slogans "Hello to everyone, whose nuggets costs more than ours" and "We made them again" were accompanied by the image of hand shaped nuggets with a middle finger up.

This case is not the first in our country. However, it is significant that these campaigns were organized by a large company having a good reputation in Russia.

Needless to say Burger King advert campaigns are quite successful, the main goal - to bring into the public eye - has been achieved. But also the Russian authority authorizing for control over advertising law compliance (the Federal Antimonopoly Service or simply FAS Russia) displays a keen interest in such materials.

It should be noted that there is no definition of ethic or non-ethic advertising in Russian advertising laws; therefore, FAS Russia shall address to other law requirements to recognize non-ethic materials as illegal. A part of materials are fallen within prohibition related to demonstration of alcohol, tobacco or even violence.

Alternatively, the Federal Law on Advertising No. 38-FZ dated March 13, 2006, ("Advertising Law") provides a general prohibition to use foul language, indecent and offensive images, comparisons and expressions in advertising.

FAS Russia clarified additionally indecent and offensive images, comparisons and expressions include the ones which conflict with generally accepted rules and principles of behavior in society from morality and ethics perspective. FAS Russia confirmed that this criteria is rather subjective and it is possible when different social groups have controversial positions with respect to evaluation of the issue. Given this, a final decision shall be made with consideration to the opinion of essential part of consumer community.

We believe this means the more domestic unrest grows over advertising the stricter it is regulated by FAS Russia. Therefore, it is impossible to anticipate what the consequences are for an advertiser.

It is interesting to trace how activity of FAS Russia with respect to non-ethic advertisement monitoring has been changed in recent years.

As officials of FAS Russia declared in 2014 the body focused on tobacco and alcohol advertising fallen under severe law restrictions that year1.

As for 2015 tobacco and alcohol advertising materials were still in the spotlight2. But FAS Russia reported non-ethic advertising complaints figure raised.

We believe this trend can lead to increasing legislative pressure on advertisers trying to speculate on associations with vulgar language or images in advertising. Thus, any attempt to imply a hint to forbidden elements into advertising shall be suppressed.

As mentioned above Burger King has run 2 campaigns with slogans and images "on the verge" that resonated a lot in Moscow. For the time being the first campaign has been recognized as lawful by the Expert Council of Moscow Office under FAS Russia already, but the second one is subject to public opinion polls currently3. Therefore, it is still possible Burger King advertising could be found illegal.

Footnotes

1. http://moscow.fas.gov.ru/news/10942.

2. http://moscow.fas.gov.ru/news/13231.

3. http://moscow.fas.gov.ru/poll/14637#overlay-context=

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