Ad Standards, the Australian advertising watchdog, has found an internet ad by Temu in violation of the country's advertising guidelines. The contentious ad features an image of a woman in a g-string bikini, accompanied by the text, 'Yellow bikini girl hot butt metal tin sign'.

The ad was reported to the community panel as being both exploitative or degrading, as well as a depiction of nudity.

In response to the complaints for its client, Temu, legal representatives argued the product image did not constitute 'advertising' as defined under the Australian Association of National Advertisers' (AANA) Code of Ethics (Code) and was purely a product image for a listing of a product at point of sale.

It also argued that as it's not advertising, any claims of sensitivity to sex, sexuality and nudity with respect to the relevant audience were not applicable and therefore did not constitute a breach.

"Temu recognises that the image on the metal tin sign may be perceived as a depiction of sexuality by some members of the public. As stated in AANA's Practice Note with respect to the Code (Practice Note), images of models in a bikini are generally permitted provided they are not overly sexual and inappropriate for the relevant audience," the statement read.

Temu also attempted to use its Terms of Use as further support for using the image, noting users of the Temu platform must be at least 18 years old. Minors between the ages of 18 and 13 years of age are only permitted to use the Temu platform through an account owned by a parent or legal guardian with appropriate permission and direct supervision. Children under 13 years of age are not permitted to use the Temu platform (see clause 2.1 of Temu's Terms of Use).

"It is presumed that the intended audience, likely to see the Product Image, would be a broad predominantly adult audience and would not see the Product Image as overly sexual. It is submitted that, within the context of the Product Image being exposed to a predominantly adult audience on the Temu platform, the Product Image does not lack the requisite degree of sensitivity," the statement continued.

Despite the arguments, Ad Standards labelled the imagery a breach of Section 2.2 and Section 2.4 of the AANA Code of Ethics, finding the image did meet the definition of advertising and was also sexually explicit. It also found the imagery to contain partial nudity.

"Panel noted that the advertisement featured a picture of a sign which depicted a woman wearing a bikini in a sexualised pose. The Panel considered that the depiction featured sexual appeal," it continued. "The Panel noted that the advertisement was a depiction of the product for sale, and as such the use of the image was directly relevant to the product being promoted.

"However, the Panel considered that the image itself portrayed the woman in a highly sexualised manner which suggested that she was an object or commodity. The Panel considered that the advertisement was exploitative."

In response, Temu has now discontinued the advertisement.