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Rulings

AdjudicationsOur rulings (adjudications) are a transparent record of our policy on what is and isn’t acceptable in advertising.

We publish our rulings here every Wednesday (available to the media under embargo from Monday). Rulings generally remain on the site for five years, although some may be available for longer if they are being used as part of CAP’s advice materials for advertisers.

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Viewing rulings for : 15 May 2013

Rulings (20)

3GA Ltd

A press ad, for the Brennan JB7 music system, featured text which stated "Small enough to pick up with one hand yet big enough for a lifetime of music, the Brennan JB7 is a CD player with a...
Date: 15 May 2013
Decision: Upheld

Book Your Practical Test Online Ltd

The website www.book-your-driving-test-online.co.uk showed a car and a woman holding a car key and an L-Plate. Text stated "The Easiest Way to Book Your Driving Test Online" and "The...
Date: 15 May 2013
Decision: Upheld

Claire Hegarty

Numerous claims on www.clairehegarty.co.uk for guaranteed weight loss claims using different types of hypnotherapy and hypnosis.The page "Hypnotic Gastric Band" was headlined "Claire...
Date: 15 May 2013
Decision: Upheld

Cory Environmental Management Ltd t/a Cory Wheelabrator Consortium

A regional press ad was headlined "OUR RUBBISH CAN HELP FUEL NORFOLK'S FUTURE". The ad featured images of household waste and under each image was a claim, including "JOBS CREATED...
Date: 15 May 2013
Decision: Upheld in part

Doorknobs Ltd

A directory ad, for a letting agency, stated "Why you should instruct Doorknobs ... The No 1 Lettings Agent in the Tunbridge Wells area as your ARLA Qualified Lettings Agent ... Doorknobs are...
Date: 15 May 2013
Decision: Upheld

DSSCribs

A website for rental properties that accepted DSS tenants, www.dsscribs.com, featured two property listings:1. This listing stated "2 bedroom house, East London, Stratford, Immaculate and...
Date: 15 May 2013
Decision: Upheld

Ecowarmth (SW) Ltd

Claims on www.ecowarmth-sw.com, a website for heating systems, stated "... Independent Tests by a UKAS accredited laboratory, confirm that Ecowarmth Electric Radiators need on average only 14...
Date: 15 May 2013
Decision: Not Upheld

Immediate Media Company Ltd

A magazine ad in the February edition of olive magazine promoted subscriptions to that magazine. The ad was headlined "FREE Bodum Travel Mug when you subscribe". Text, headed...
Date: 15 May 2013
Decision: Upheld

Indeed Laboratories Inc

A press ad for 'nanoblur' was headed "nanoblur GET FLAWLESS SKIN FOR THE HOLIDAYS! WITHOUT ADDITIONAL MAKEUP WITHOUT PROCEDURES WITHOUT PHOTO RETOUCHING". A woman's face was pictured. One...
Date: 15 May 2013
Decision: Not Upheld

Kelda Water Services Ltd

A newsletter and website for the proposed "Penny Pot' wind farm:a. A newsletter on the website www.keldawater.co.uk included the claim "When fully operational the facility would produce...
Date: 15 May 2013
Decision: Upheld in part

LivingSocial Ltd

An e-mail and claims on www.livingsocial.com, seen on 2 January 2013, offered a hotel break:a. The e-mail showed an image of the hotel and was headed "Boutique Yorkshire Manor Hotel"....
Date: 15 May 2013
Decision: Not Upheld

Mobility Freedom Ltd t/a mymobilityshop.co.uk

The website www.mymobilityshop.co.uk stated "GENUINE Circulation Maxx Ultra Foot Massager with 30 DAY FREE TRIAL - CMU". An image of the packaging included the claim "AS SEEN ON...
Date: 15 May 2013
Decision: Upheld

Nature Delivered Ltd t/a graze.com

A TV ad, for a mail order snack service, showed an open box with four compartments, each of which was shown being repeatedly filled with various types of snacks.
Date: 15 May 2013
Decision: Not Upheld

Nicocigs Ltd

A national press ad for Nicolites electronic cigarettes included the text "THE SAFER SMOKING ALTERNATIVE" and "HEALTHIER No tobacco, tar or carbon monoxide".
Date: 15 May 2013
Decision: Upheld

PainGenie Ltd

The website www.paingenie.net advertised a product called The Pain Genie Scenar. Text included "The Pain Genie is the most technically advanced pain relief device in existence and represents a...
Date: 15 May 2013
Decision: Upheld

Sportech Alderney Ltd t/a VernonsBingo.com

A TV ad promoted Vernons Bingo. For the majority of the ad, on-screen text at the bottom of the screen stated "vernonsbingo.com/tv £30 FREE!". During the ad, one character stated,...
Date: 15 May 2013
Decision: Upheld

Sun Chlorella Corporation

A press ad, for a food supplement, was headed "Whole food for your whole body". Underneath there was an image of a heart, half of which had been formed from Sun Chlorella tablets and the...
Date: 15 May 2013
Decision: Not Upheld

Synexus Clinical Research plc

Three posters on buses in Glasgow promoted a company recruiting for, and running, clinical trials:a. A bus poster, which displayed an image of an X-rayed hand with fingers crossed, was headlined...
Date: 15 May 2013
Decision: Upheld

Thomas Cook Tour Operations Ltd

A TV ad for a holiday provider showed a group of holiday-makers in a sunny location queuing to board a Thomas Cook coach. A man walked to the rear of the coach and crouched down beside the wheel....
Date: 15 May 2013
Decision: Upheld in part

Yakult UK Ltd

A TV ad for Yakult showed an animation of a bottle of Yakult skipping, walking a tightrope and pole-vaulting. A voice-over stated, "Yakult has been enjoyed for 75 years. At Yakult, we...
Date: 15 May 2013
Decision: Upheld in part

Informally Resolved Cases (40)

After consideration by the ASA of complaints received, the following companies and organisations agreed to amend or withdraw advertising without the need for a formal investigation:

Advertiser Date Number of Complaints Media Sector
Amazon EU Sarl 15 May 2013 1 Internet (e-tailing) Retail
Anglian Meat Products Ltd t/a Natures Menu 15 May 2013 1 Internet (on own site) Food and drink
Aquatec Rainsoft Ltd 15 May 2013 1 Leaflet Household
Argos Ltd 15 May 2013 1 Internet (on own site) Retail
Argos Ltd 15 May 2013 1 Internet (e-tailing) Retail
Associated Newspapers Ltd t/a MailTravel.co.uk 15 May 2013 1 National press Holidays and travel
Charles Tyrwhitt LLP 15 May 2013 1 Brochure, National press Clothing
E-Dog Products 15 May 2013 1 Internet (on own site) Retail
Easy Internet Solutions Ltd 15 May 2013 2 Internet (on own site) Computers and telecommunications
euroLens.co.uk 15 May 2013 1 Internet (search engine) Health and beauty
Everything Everywhere Ltd t/a T-Mobile 15 May 2013 1 Internet (on own site) Computers and telecommunications
Express Estate Agency Ltd 15 May 2013 1 Internet (on own site) Property
Fit For Free t/a F4F 15 May 2013 1 Internet (sales promotion), Leaflet Leisure
Gala Coral Group Ltd t/a Gala Casino 15 May 2013 1 Direct mail Leisure
Global D8 Ltd t/a AsianD8 15 May 2013 1 Internet (sales promotion) Leisure
Home Telecom Ltd 15 May 2013 1 Internet (on own site) Computers and telecommunications
In Phase International Ltd t/a Car Audio Centre 15 May 2013 1 Internet (on own site) Retail
Ionic Balance 15 May 2013 4 Internet (on own site) Health and beauty
J Sainsbury plc t/a Sainsburys 15 May 2013 1 Internet (on own site) Retail
Kent Bullion 15 May 2013 1 Regional press Financial
Ladbrokes Betting & Gaming Ltd 15 May 2013 1 Text Message Leisure
Ladbrokes Betting & Gaming Ltd t/a Ladbrokes.com 15 May 2013 2 Internet (sales promotion) Leisure
Last Minute Network Ltd 15 May 2013 1 Internet (sales promotion) Holidays and travel
Marks and Spencer plc t/a M&S 15 May 2013 1 Other Retail
Memory Foam Warehouse Ltd t/a Memory Foam Warehouse 15 May 2013 1 Internet (sales promotion) Retail
Mobility Scooters Plus 15 May 2013 1 Internet (sales promotion) Retail
MyCityDeal Ltd t/a Groupon 15 May 2013 1 Internet (sales promotion) Leisure
Panasonic UK Ltd 15 May 2013 1 Internet (on own site) Leisure
Phones 4 U Ltd 15 May 2013 1 E-mail Retail
Samsung Electronics (UK) Ltd 15 May 2013 1 Internet (sales promotion), Point of sale Leisure
SNH Tradecentre 15 May 2013 1 Internet (on own site) Household
Sweat Guard Ltd 15 May 2013 1 Internet (on own site) Health and beauty
The Automobile Association Ltd t/a AA 15 May 2013 1 Internet (on own site) Business
The Carphone Warehouse Ltd t/a Mobiles.co.uk 15 May 2013 1 Internet (sales promotion) Retail
The Family Practice Osteopaths Bristol 15 May 2013 1 Internet (on own site) Health and beauty
ukmodelagencies.co.uk 15 May 2013 1 Internet (OM 3rd party) Employment
Unity Acupuncture Practice 15 May 2013 1 Internet (on own site) Health and beauty
Wren Laboratories Ltd t/a OptiBac Probiotics 15 May 2013 1 Internet (on own site) Health and beauty
Yorkshire Cancer Network 15 May 2013 1 Internet (on own site), Leaflet, Poster Non-commercial
Zipvit Ltd 15 May 2013 1 Internet (on own site) Health and beauty

Mail Order Cases (1)

The ASA has investigated complaints about the non-receipt of mail-order or sales promotion goods or refunds from these companies, which have now agreed to supply those goods or refunds.

Advertiser Date Number of Complaints Media Sector
Konami Digital Entertainment BV 15 May 2013 1 Internet (sales promotion) Leisure

Database Cases (2)

The ASA has taken action about the obtaining, processing, management and use of personal information for the purposes of marketing products and services to the public through targeted and personalised mail by the following companies and organisations:

Advertiser Date
The Publishing Group Ltd 15 May 2013
txtforpayday.co.uk t/a Quids247.co.uk and Dino Dosh 15 May 2013

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