In the Advertising Regulatory Board (ARB) decision dated 16 July 2024, the ARB acknowledged that Procter & Gamble SA (Pty) Ltd had taken a positive step towards realistically depicting menstruation in advertisements.  

With August being women’s month, this decision offers a timely opportunity to break down the stigma associated with menstruation. It also sets a precedent for the feminine hygiene industry and all advertisers as it takes a step towards equipping and encouraging industry to remove the mysticism surrounding menstruation.

The advertisement, which was the subject of a consumer complaint before the ARB, depicts a young woman waking in the middle of the night to find a period stain on her pants when looking in the mirror. The narrator explains that more than half of women in South Africa can relate to period leaks disrupting sleep. The advertisement aimed to promote Always XXL pads and how the product reduces the possibility of leaks while sleeping. The advertisement also depicted a simulation of blood flow in other pads compared to Always XXL pads.   

The complaint before the ARB was filed on the basis that the advertisement is inappropriate and degrading, leaving mothers with a sense of embarrassment for being placed in an uncomfortable position to explain the advertisement to their sons.  

Procter & Gamble SA defended the advertisement by describing the importance of depicting menstruation in a “real and authentic” manner and the role the brand plays in normalizing that menstruation is a natural and healthy part of life. In fact, Procter & Gamble SA indicated that the advertisement was a result of consumer feedback on these very issues. 

The following sections of Section II of the ARB Code of Advertising Practice were considered and decided by the ARB in the matter, resulting in a dismissal of the complaint:  

Clause 1 refers to offensive advertising in which advertising may not offend the good taste or decency of the public or be offensive to values or sensitivities. When the ARB determines if an advertisement fulfills the above, factors such as the context, medium, likely audience, the nature of the product or service, prevailing standards, degree of social concern and public interest are all considered.  

Whilst the ARB acknowledged that the depiction of menstrual fluid and speaking about menstruation can be surprising and uncomfortable amongst members of the public, the depiction in the advertisement, as a normal part of women’s lives including girls as young as 10 years old, was reasonable and justified to promote the Advertiser’s products. Notably, the ARB also considered similar rulings from other advertising regulators across the world, including in New Zealand and the United Kingdom, concluding that the advertisement does not contravene clause 1.  

Clause 3.5 refers to unacceptable advertising with respect to gender. The ARB Code does not permit gender stereotyping or negative gender portrayal unless it is reasonable and justifiable in the Republic, based on human dignity, equality and freedom.  

The ARB found that clause 3.5 was not contravened as there was no evidence of stereotyping or a negative portrayal of women, acknowledging that while the advertisement may make some feel uncomfortable, it very well could be comforting and validating for many women and young girls.  

Clause 14 deals in length with the use and protection of children, both in advertising and as viewers of advertising.  

Ultimately, the ARB found that the advertisement did not contravene this clause, particularly as girl children are a significant target market for the products depicted in the advertisement.  

The above case highlights how advertising can play a significant role in normalizing and creating a forum to address taboo topics and subject matter. Advertising can, and should, be used to educate and encourage the public to be progressive, even if the focus of the advertisement is normally a sensitive topic. Understandably, the balance of including sensitive topics in advertising should be carefully navigated, to ensure that it does not offend against any laws or regulatory requirements and standards such as those contained in the ARB Code.  Risk analysis of advertisements through consultation with legal advisors as well as consumer research, before advertisements are executed or introduced to the public, are effective ways of navigating this balance and determining the possible obstacles or objections an advertisement dealing with sensitive topics may face.