Report No. 35– September to December 2005
Misleadingness
1386 Swiss Institute of Health
Complaint (misleading) to the UK SRO, ASA, from a UK consumer concerning a direct mailing from the Netherlands featuring slimming products. The mailing claimed that "a natural patch melts 24 lbs. of fat and all cellulite in just 28 days". The complainant doubted the veracity of these claims. ASA transferred the complaint to the Dutch SRO, SRC, under the cross-border procedure. SRC did not receive from the advertiser the necessary evidence to support the claims, and consequently found the advertisement to be in breach of art. 7 (misleading) of the Dutch Advertising Code. The advertiser agreed not to use the same approach in future mailings. Complaint upheld, case closed.
Complaint (misleading) to the UK SRO, ASA, from a UK consumer concerning an e-mail advertisement from Ireland. The e-mail was headed 'Unbelievably low prices!', and offered PCs with a saving of £500. The complainant doubted that it was possible to save £500 as claimed, or that the PCs had ever been sold at the higher price. ASA transferred the complaint to the Irish SRO, ASAI, under the cross-border procedure. The advertiser provided the ASAI with examples of prices of the advertised products in other markets, such as Germany and France, pointing out that the prices there were even higher than those quoted in the advertisement. The ASAI noted the response of the advertiser, but considered that the availability of the equipment in other markets, at higher prices, did not constitute a valid basis of comparison for savings achievable in the UK market. The advertisement was consequently found to be in breach of code section 2.22 (misleadingness). The advertiser was asked not to use the same approach again. Complaint upheld, case closed.
Complaint (misleading) to the Irish SRO, ASAI, from an Irish consumer concerning an e-mail advertisement from the UK, offering flights for only 75 pence. The complainant had immediately called to book, but was told that the promotional flights had gone and offered flights costing nearly £100. The complainant considered the advertisement misleading. ASAI transferred the complaint to the UK SRO, ASA, under the cross-border procedure. The ASA’s investigations revealed that the advertiser had meanwhile ceased to trade, and the case was therefore not pursued. Case not pursued, case closed.
1586 New Nutritions Research Inc
Complaint (misleading) to the UK SRO, ASA, from a UK consumer concerning a direct mailing from the Netherlands, featuring a weight loss product. The mailing suggested that the product would be effective without taking exercise or adhering to a strict diet, which the complainant found misleading. The ASA transferred the complaint to the Dutch SRO, SRC, under the cross-border procedure. The advertiser was asked to provide evidence to support the claims, but was not able to do so. The SRC consequently found the advertisement to be in breach of article 7 (misleadingness) of the Dutch Advertising Code, and requested the advertiser to refrain from using the same advertisement in the future. Complaint upheld, case closed.
1588 to 1594 Construct Data Publishers
Complaint (misleading) fromThai, British and Swedish companies concerning a direct mailing from Austria featuring a business guide. The mailing invited the company to confirm details which the guide already had about the company. However, it was not made clear that signing the form constituted an order for an advertisement in the guide. The companies found the advertisement to be misleading. EASA transferred the complaint to the Austrian SRO, OWR, under the cross-border procedure. OWR noted that this advertiser had persistently disregarded decisions against its advertising by the OWR, and therefore transferred the case to the appropriate authorities. Complaints transferred to appropriate authorities, cases closed.
Complaints (misleading) from companies in Estonia, USA, UK, South Africa and Israel, concerning a direct mailing from Switzerland featuring a business directory. The mailing invited the company to confirm details which the guide already had about the company. However, it was not made clear that signing the form constituted an order for an advertisement in the guide. The companies found the advertisement to be misleading. EASA transferred the complaints to the Swiss SRO, under the cross-border procedure. The CSL informed the complainants that the Cantonal Police of Lucerne had opened proceedings. Cases closed.
Complaint (misleading) to EASA, from a Czech company, concerning a direct mailing from Switzerland featuring a business guide. The mailing invited the company to confirm details which the guide already had about the company. However, it was not made clear that signing the form constituted an order for an advertisement in the guide. The company considered the advertisement misleading. The complaint had also been sent to the Swiss State Secretariat for Economic Affairs and EASA therefore decided that no further action was required. Complaint already sent to appropriate authorities, case closed.
Complaint (misleading) to the Irish SRO, ASAI, concerning a promotional offer in the UK newspaper Sunday Express. A flash on the front page of the newspaper promised a free DVD inside the newspaper for every reader. The complainant considered the advertisement to be misleading, as it only said in small print that the offer applied only to the UK. The complaint was transferred to the UK SRO, ASA, under the cross-border procedure. The ASA considered that since the advertisement stated twice that the offer was available only in the UK, that it was not in breach of the British Code of Advertising Practice. Complaint not upheld, case closed.
1625 & 1627 Guia Telefax Anuario Profesional
Complaints (misleading) to the French SRO, BVP, from a French company, concerning a direct mailing from Spain featuring a business directory. The mailing invited the company to confirm details which the guide already had about the company. However, it was not made clear that signing the form constituted an order for an advertisement in the guide. The company considered the advertisement to be misleading. The BVP transferred the case to the Spanish SRO, Autocontrol, under the cross-border procedure. Autocontrol considered that the advertisement was in breach of the rule 14 (Principle of truthfulness) of the Spanish Code of Advertising Practice. The advertiser was asked not to use the same approach again. Complaint upheld, case closed.
Denigration
Complaint (misleading) to EASA from a competitor concerning an advertisement for disposable surgical drapes and gowns appearing in the Swedish magazine Uppdukat. The advertisement stated that "in the past years various studies have confirmed that the problem of post-operative wound infection occurs mainly with reusable surgical drapes and gowns”. The complainant, an industry association, held that this was not correct. EASA transferred the complaint to the Swedish SRO, MER, under the cross-border procedure. MER invited the advertiser to submit evidence of its claims, and took expert advice to evaluate the evidence. MER considered the claim was not sufficiently backed up by the evidence, and considered the advertisement to be in breach of article 7 (denigration) of the ICC International Code of Advertising Practice, and requested the advertiser to refrain from using the claim in future advertisements. Complaint upheld, case closed
Offensiveness
Complaint (offensive) to the Irish SRO, ASAI, from an Irish consumer, concerning a TV advertisement for ready-made noodles. The advertisement featured the "pot noodle horn", and showed a man with what appeared to be a large erection, which was then revealed to be a brass instrument stuffed down the front of his trousers. The complainant found the advertisement offensive. The ASAI transferred the complaint to the UK SRO, ASA, under the cross-border procedure. The ASA noted that the advertisement was subject to a timing restriction to ensure that it was broadcast only after the 9 PM ‘watershed’, at a time when adult material was to be expected, and concluded that in this context it would be unlikely to cause offence. Complaint not upheld, case closed.
Abbreviations:
SROs:
ASA = Advertising Standards Authority (UK)
ASAI = Advertising Standards Authority for Ireland
BVP = Bureau de Vérification de la Publicité (France)
CSL = Commission Suisse pour la Loyauté (Switzerland)
EASA = European Advertising Standards Alliance
MER = MarknadsEtiska Rådet
OWR = Österreichischer Werberat (Austria)
SRC = Stichting Reclame Code (the Netherlands)