The Metropolitan Transportation Authority (MTA) is under scrutiny once again.
The agency, known for its inconsistent ad policies, has been criticized for rejecting ads for women-focused products while approving similar campaigns geared toward men. This time, their refusal has led to a lawsuit—and rightfully so.
Dame Products, a company that designs sexual wellness products for women, followed all the required steps to advertise on MTA transit. According to reports, they worked with MTA contractor Outfront Media, adjusted their campaign to meet guidelines, and ensured the ads were tasteful and non-explicit. Despite this, the MTA rejected the ads in December, claiming they promoted a “sexually oriented business.”
The rejection raises eyebrows, especially when juxtaposed with ads the MTA has approved for erectile dysfunction medications, often featuring suggestive imagery like a cactus. The double standard is blatant and frustrating for advertisers like Dame.
“The MTA could have just said no from the beginning,” said Alexandra Fine, CEO of Dame Products. “Instead, they let us waste time and resources.”
Dame has since filed a lawsuit, citing free speech violations and inconsistent policy enforcement. Fine added, “This lawsuit is about more than just ads—it’s about addressing inequities in how businesses are treated.”
Unfortunately, this isn’t the first time the MTA has come under fire for these issues. In 2018, they rejected ads from Unbound, another company focused on female sexual health. Despite agreeing to collaborate with Unbound on revised imagery, no compromise was reached, leaving Unbound’s campaign dead in the water.
Critics argue that the MTA’s policy disproportionately affects women-focused businesses. Polly Rodriguez, CEO of Unbound, described it as a narrative that deems male sexuality acceptable but women’s health taboo. She pointed out that the MTA’s decisions perpetuate toxic cultural norms.
The MTA’s ad policies don’t just discriminate—they’re also counterproductive. Good advertising captures attention and elevates messages to art. By limiting what’s allowed, the MTA alienates advertisers and diminishes the impact of their campaigns.
With mounting financial issues and $42 billion in projected debt by 2022, the MTA should be embracing advertisers, not alienating them. Transparent and consistent policies could attract more advertisers and much-needed revenue.
Agencies like the MTA owe advertisers clear guidelines that foster productive relationships. Arbitrary rejections erode trust and waste resources, discouraging businesses from engaging with the agency.
We stand with Dame Products and hope their lawsuit sparks meaningful change. The OOH community must demand accountability and professionalism from organizations like the MTA to ensure a fair and effective advertising landscape.