ASA bans burger ad making light of Madeleine McCann’s disappearance

The ads were posted by The Otley Burger Company on Mother’s Day this year.

ASA: the regulator ruled that the ad caused harm and widespread offence
ASA: the regulator ruled that the ad caused harm and widespread offence

The Advertising Standards Authority has banned a burger ad making light of Madeleine McCann’s disappearance, saying it was irresponsible and caused harm and offence.

Posted by The Otley Burger Company, owned by Joe Scholey, the ads appeared on the company’s Twitter, Instagram and Facebook accounts.

On 27 March 2022, Mother’s Day in the UK, the brand’s Twitter account posted an image of missing child McCann and her mother Kate McCann, and included a background image of a man running away with a smaller image of Madeleine McCann.

Over the image, text stated: “With burgers this good, you’ll leave your kids at home. What’s the worst that could happen?”

Text at the bottom of the post read: “Happy Mother’s Day to all the mums out there.

On Instagram, the post was composed of the same content, with the additional caption: “This is not an advert…” The Facebook post included the same image.

The ads received a total of three complaints, but the ASA considered the matter to be of such concern it asked the relevant social media platforms to remove the content and suspend the account pending investigation.

The ASA concluded the communications, appearing in non-paid-for spaces online and connected directly with the supply of the company’s products, were within remit of the Code of Non-broadcast Advertising and Direct & Promotional Marketing.

The ASA ruled that the company breached the CAP Code on responsible advertising and harm and widespread offence, deeming that the image was used to shock, likely to have caused distress, trivialised the McCanns' experience and child abduction as a crime.

Meta removed the Instagram post and reviewed the account, removing further content and placing restrictions on the account.

Twitter said the tweet had been deleted.

In response, The Otley Burger Company said that it would not use photos of Kate McCann in that manner again or superimpose images of Madeleine McCann being kidnapped.

It also claimed the image was a meme and added that it was without product placement, so it was not advertising.

The ASA told the company to avoid causing serious and widespread offence and distress.

Previously the company’s social media account has posted images of Karen Matthews, who pretended her daughter Shannon had been abducted. On Father’s Day 2021, the account also shared an image of Yorkshire Ripper Peter Sutcliffe, Fred West, and Jimmy Saville.

Topics

Market Reports

Get unprecedented new-business intelligence with access to ±±¾©Èü³µpk10’s new Market Reports.

Find out more

Enjoying ±±¾©Èü³µpk10’s content?

 Get unlimited access to ±±¾©Èü³µpk10’s premium content for your whole company with a corporate licence.

Upgrade access

Looking for a new job?

Get the latest creative jobs in advertising, media, marketing and digital delivered directly to your inbox each day.

Create an alert now

Partner content