On Wednesday, the MTA up to date its promoting guidelines, following its settlement with NYC–primarily based sex-tech and wellness firm Dame.
- ICYMI, in 2019, the MTA and Outfront Media (the corporate that handles its advert placements) rejected Dame’s ad placements, reportedly because of their sexual nature.
- Dame then filed a lawsuit in opposition to the NYC transportation authority, alleging that the ban was discriminatory, since ads for erectile dysfunction medication had been allowed to run.
- The MTA and Dame settled earlier final week, permitting the model to run an up to date, watered-down model of its marketing campaign on the subway by means of January (Dame couldn’t run its unique artistic).
So what’s new? The new guidelines not solely present extra express guidelines round sex-related promoting, but additionally prohibit cannabis promoting outright for the primary time.
Stand away from the closing doorways, please
The intercourse half…earlier than: The earlier model of the guidelines acknowledged that ads containing “sexually express materials that appeals to the prurient curiosity in intercourse” have been prohibited, in addition to ones that promote “an escort service or sexually oriented enterprise.”
…and after: However, the outdated guidelines didn’t present a definition for “a sexually oriented enterprise.” The new ones do—and the definition is relatively in depth.
- The MTA says sexually oriented services or products embrace “any good, product, or service primarily associated to or used for the needs of sexual exercise,” together with “intercourse toys” in addition to “sexual enhancement merchandise,” “sexual dysfunction drugs and dietary supplements,” and extra.
- It additionally prohibits any advert that “depicts, references or accommodates symbols or photographs moderately understood to characterize” varied features of “Sexual Activity” and bodily capabilities, “excluding kissing.”
The cannabis half: Cannabis wasn’t talked about up to now iteration of the MTA’s promoting guidelines, however now, promoting cannabis or any cannabis-related product—or hallucinogenic mushrooms or hallucinogenic-mushroom-related merchandise—is prohibited.
- A medical marijuana firm ran ads within the subway in 2017, however when requested to remark on if that might be allowed below the brand new guidelines, the deputy comms director for the MTA, Eugene Resnick, would solely refer again to the language/wording within the new coverage
- The November MTA Board Meeting records note that the brand new promoting coverage “responds to latest developments within the decriminalization of cannabis in New York.”.
Why it issues: Brian Rappaport, CEO of boutique OOH media store Quan Media Group, estimates that the MTA might lose round 10% to fifteen% of its income due to these new guidelines. “Ridership is at 70% and above now—issues are getting again to regular. [The subway is] actually an important place for a model to be, however for those who can’t be there for no matter cause, and you’re being blocked by the MTA, you shouldn’t pout,” he informed Marketing Brew, including that purchasing a mess of digital-out-of-home choices streetside is an effective different.