Originally written by the Sciart team for EAN-Online and first published there.
Fewer people are shopping in-store these days. Statista reports that online retail sales in the UK are set to hit 38.1% of total retail sales by 2025, amounting to a staggering £152 billion ($194.1 billion). Meanwhile, Global Market Insights (GMI) reveals that the sexual wellness market, valued at over $36.5 billion in 2023, is projected to soar past $75.7 billion by 2032. This growth underscores the critical need for a strong online presence. But for sexual wellness brands, standing out online is far from easy. Strict regulations and compliance hurdles often mean ads are shadowbanned, rejected, or overlooked, even when brands follow the rules to the letter.
At Sciart, we’re committed to shining a light on these challenges and pushing for clearer, fairer regulations. While our approach is mindful and demure, our mission is bold.
In this three-part series, we’ll explore the complexities of marketing compliance, break down why these regulations exist, and show how brands can use compliance as a competitive edge. Our goal? To foster more inclusive, transparent guidelines and empower sexual wellness marketers to thrive.
The Regulatory Landscape: What You Need to Know
In the UK, the Advertising Standards Authority (ASA) enforces rules ensuring advertising is legal, decent, honest, and truthful. Across the pond, the Federal Trade Commission (FTC) regulates transparency and works to prevent deceptive practices.
For sexual wellness brands, these regulations are particularly tough. While they’re meant to protect consumers, they often feel like roadblocks. We’ve been interviewing Industry professionals in the UK and US and they’ve all shared a common frustration with us: some brands manage to get their ads approved, while others—despite playing by the rules—are rejected or flagged as "sexually explicit." This inconsistency highlights the need for more transparent, equitable regulations.
Why Do These Restrictions Exist?
Advertising Restrictions: The primary aim of these rules is to shield consumers from misleading or harmful ads. However, due to the sensitive nature of sexual wellness products, brands often face stringent limits on imagery and language, making it tough to communicate effectively.
Labelling Requirements: Accurate labelling is key to building consumer trust. Clear details about ingredients, usage, and potential side effects ensure consumers make informed choices.
Distribution Regulations: Compliance extends beyond marketing. Shipping methods, sales locations, and product distribution must adhere to strict standards.
Content Sensitivity and Age Restrictions: Regulations protect younger audiences by imposing age verification and content limitations. The challenge lies in balancing compliance with effective marketing.
Privacy and Data Protection: With online sales booming, data protection laws like GDPR in the EU and CCPA in the US are critical. Brands must handle customer data responsibly to comply with these regulations.
Platform-Specific Policies: On top of national rules, platforms like Facebook and Instagram have their own advertising guidelines, making it even harder for sexual wellness brands to navigate this landscape.
Health and Safety Claims: Any health claims made by sexual wellness products must be supported by evidence. Ensuring compliance here is essential for avoiding misleading information.
Navigating Compliance: Challenges and Opportunities
For new brands entering the sexual wellness space, advertising compliance can feel like a minefield. When major platforms ban your ads, it can seem impossible to gain the visibility needed to grow. That’s why many companies are turning to alternative avenues like podcast ads, influencer partnerships, and user-generated content (UGC) to reach their audience. However, ensuring that advocates promote your brand in a mindful and compliant way brings its own challenges.
At Sciart, we’re here to guide you through these complexities. We believe that by staying informed, proactive, and innovative, sexual wellness brands can not only survive but thrive in the digital age. Stay tuned for parts two and three, where we’ll empower YOU to master the intricacies of compliance and achieve success.
