Sex Toys News

A new bill in the Texas state legislature would require online retailers to implement age verification of purchasers before selling 'obscene' devices to anyone in that state.

SB 3003 was introduced by Republican state Sen. Angela Paxton, who was the lead sponsor of Texas HB 1181, the age verification bill for porn sites currently being challenged i  the Supreme Court.

According to industry attorney Lawrence Walters, this type of bill raises different issues than age verification laws for adult websites. The devices at issue are not likely to be deemed expressive works, and therefore the First Amendment would not be implicated, Walters told XBIZ. Instead, restrictions or prohibitions on the sale of obscene devices trigger substantive due process concerns under the Fourteenth Amendment. The government is prohibited from burdening an individuals right to engage in private intimate conduct of his or her choosing. Laws that interfere with that right have been struck down in several states, Walters noted -- including in Texas.

There is also the separate issue of imposing local requirements on internet-based sellers with no physical presence in the state. Such regulatory obligations can run afoul of the Commerce Clause or be deemed outside the jurisdiction of state regulation, Walters said. A court may be called upon to decide whether Texas has the authority to regulate ecommerce retailers located outside the state.

A bill sponsored by Thailand's recently banned Move Forward Party to legalise the adult entertainment industry and its products, including pornographic materials and sex toys, failed to clear its first reading in the House.

The bill was proposed by Bangkok MP Taopiphop Limjittrakorn early last month to amend Section 287 of the Criminal Code, which bans all types of adult materials, including pornographic images and sex toys.

Speaking in favour of the amendment, Move Forward MPs argued that banning the adult entertainment industry was akin to restricting people's freedom to choose their profession.

Sorapa Sriprat, a party MP for Saraburi, said that maintaining the current law means the country fails to accept reality and is a society built on hypocrisy. He argued the ban on sex toys forces some individuals to seek alternative ways to manage their sexual desires, which can sometimes lead to sexual violence.

Duangrit Benjathikulchairungruang, a list-MP for the United Thai Nation Party, part of the military controlled coalition government, argued the amendment could cause more harm than good if it fails to provide adequate legal protection for individuals vulnerable to sexual abuse.

Pirate's Grog Love Potion No.9 Gift Pack and Love Potion No.9 Spiced Rum

Tthe Pirate's Grog Love Potion No.9 Gift Pack included a copy of the Kama Sutra, a Durex Intense Vibe Ring and a bottle of rum.

Complaint:

'This can't be allowed? Sex Toys with alcohol'

Decision: Complaint upheld

Code paragraph 3.2(d): A drink, it's packaging and any promotional material or activity should not in any direct or indirect way suggest any association with sexual activity or sexual success.

Code paragraph 3.2(j): A drink, its packaging and any promotional material or activity should not in any direct or indirect way suggest that the product has therapeutic qualities, can enhance mental or physical capabilities, or change mood or behaviour.

The company stated that the Love Potion No 9 Gift Pack had been removed from sale and it was this item which had been subject to complaint rather than the packaging of Love Potion No.9 Spiced Rum.

Pirate's Grog Love Potion No.9 Spiced Rum 3.2(d)

The Panel discussed the packaging of Pirate's Grog Love Potion No.9 Spiced Rum to determine whether it created any association with sexual success or sexual activity. The Panel considered the product name Love Potion No.9 and noted that love potions were typically depicted in popular culture as creating feelings of love but that this element alone did not necessarily create an association with sexual activity.

When assessing the back label, the Panel noted that it included text which read 'Love Potion No.9 entice your pirate lover with shimmering lust dust' and 'a proven aphrodisiac... let the fireworks begin!'.

The Panel considered that referring to the drink as a means to entice a romantic partner, or as a substance alleged to increase sexual desire, created a direct association between the drink and sexual activity as well as sexual success. Accordingly, the Panel found the packaging in breach of Code rule 3.2(d).

In light of the decision under Code rule 3.2(d), the Panel considered whether there was merit in discussing whether there was anything on the packaging which suggested the drink had therapeutic qualities, could enhance physical or mental capabilities, or change mood or behaviour.

The Panel discussed the product name Love Potion No. 9 and considered that love potions were generally understood by the average consumer to be potions which invoked intense feelings of love, attraction, and sometimes obsession in the recipient. The Panel therefore considered that the name alone suggested that consumption of the drink could change a person's mood and behaviour by creating feelings of love and romance.

The Panel assessed the overall impression of the packaging and noted that the front label included a heart and cross image in the style of a skull and crossbones, thereby combining the association of a warning and recognised medicinal logo.

The Panel also noted that the back label text included the line 'a proven aphrodisiac' which suggested that the drink could create sexual feelings and therefore change an individual's mood and behaviour. Taking all of these elements into account, in the context of a 'love potion', the Panel concluded that the name and packaging of Love Potion No.9 Spiced Rum directly suggested the drink could provide therapeutic qualities and change mood or behaviour. Accordingly, the Panel found the name and packaging in breach of Code rule 3.2(j).

Pirate's Grog Love Potion No.9 Gift Pack 3.2(d)

The Panel then assessed the Pirate's Grog Love Potion No.9 Gift Pack which had been the original subject of complaint and included a copy of the Kama Sutra and a Durex Intense Vibe Ring. The Panel considered that the inclusion of the Kama Sutra, a well-known book related to the depiction of sexual positions, and a sex toy in a gift pack with alcohol was wholly inappropriate under the Code. The Panel concluded that the combination of items in the gift pack, including the product packaging of Love Potion No.9 Spiced Rum, created a direct association with sexual success and sexual activity. Accordingly, the complaint was upheld under Code rule 3.2(d).

As the Love Potion No.9 Spiced Rum bottle was also included in the gift pack, the Panel considered whether the concerns raised regarding the name packaging of Love Potion No. 9 Spiced Rum under Code rule 3.2(j) would apply to the gift pack, as the drink formed part of it. The Panel concluded that the same rationale would apply to the gift pack as its overall impression included the drinks packaging which directly suggested it could provide therapeutic qualities and change mood or behaviour for the reasons stated above. Accordingly, the gift pack was also found in breach of Code rule 3.2(j).

Action by Company:

The company has now agreed to change the name and packaging of Love Potion No.9 rum.

A digital billboard ad for a Lovehoney ball gag sex toy, seen on 8 February 2023 at Clapham Junction station, featured an image of a ball gag and large text that stated Silence is golden, Harry. Smaller text underneath stated Spare ball gags available at www.lovehoney.co.uk.

A complainant challenged whether the ad was:

1. offensive; and

2. inappropriate for display in an untargeted medium where children could see it. Response

Lovehoney Group Ltd said that they did not believe that the ad was offensive.

The ad was launched in response to the release of Prince Harry's memoir. They pointed to the fact the memoir contained a number of indiscreet revelations, some of which had a sexual reference. At the time the ad was published, Lovehoney issued a press release that explained their motivation for the ad and how it should have been understood, which included that it was meant to be humorous and that not all family stories needed to be shared with the public.

2. They did not believe that the ad was inappropriate for display in an untargeted medium where children could see it. A ball gag had no explicit sexual reference and its way of use was not readily identifiable without further knowledge. Children would not recognise it as a sex toy, and there was nothing in the ad to change that. Neither the picture nor the text spoke to children and therefore made it uninteresting to them. They would, therefore, either ignore it or, at most, wonder what it was about, yet, without seeing any inappropriate hints. Lovehoney therefore believed that this was insufficient to exceed the threshold of inappropriateness.

ASA Assessment

1. Not upheld

The ad featured a large image of a ball gag and text that stated Silence is golden, Harry. and Spare ball gags available at www.lovehoney.co.uk. We understood that a ball gag was a sex toy that was placed in the mouth of a person to limit them from talking.

The ASA considered that some people would find the image of, and references to, a ball gag and the implication that it should be used to stop someone from speaking distasteful. However, we concluded that the ad was unlikely to cause serious or widespread offence.

2. Upheld

The ad appeared on a digital billboard at a busy train station, which was an untargeted medium, where it had the potential to be seen by a large number of people, including children.

As referenced above, the ad included a large image of a ball gag and a reference to ball gags in the text in the poster, which we considered inappropriate for children to see. We considered that while younger children were likely to be unaware of what the item was, older children might have greater awareness of what the object was intended for. We therefore considered that the ad was inappropriate for outdoor display where it could be seen by children.

The ad must not appear again in the form complained of. We told Lovehoney Group Ltd to ensure that their ads were appropriately targeted.