I've had a response from the ASA, letter reads thus;
Dear Mrs .....
Thank you for your recent complaint. I am sorry that this advertisement has caused you concern.
I am sorry to tell you that we cannot deal with your complaint because the British Code of Advertising, Sales Promotion and Direct Marketing can only be applied to some items on websites. These are:
online advertisement - in space that has been allocated by the website owner to a third party, e.g. banner and pop-up advertisements
sales promotions - wherever they appear online, including within organisations' websites or e-mails. (Examples of sales promotions are free gifts and prize competitions; price cuts are not regarded as sales promotions).
The Code does no apply to other parts of companies' websites because, in effect, they are either forms of editorial material (which the ASA has never interfered with) or are marketing material that consumers have chosen to access in much the same way as they would walk into a shop and ask for information (The ASA has no power to regulate in-store displays etc.).
We are however already investigating the exact same images with the hardcopy of the brochure and we expect the results to be published very soon.
The ASA website, www.asa.org.uk, contains information about the ASA and the work we do, including the results of our investigations into recent complaints about advertisements. Please ee the above website to look for the outcome of this case.
Yours sincerely
Jodie Parsons
Complaints Executive