Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A promotion seen on www.tropicleanse.com stated "Get Your Free Sample Now". The web page also featured the Royal Mail logo alongside text "AS ADVERTISED ON [Channel] 4, The Guardian, USA Today and CNN".
Issue
The complaint challenged whether:
1. the promotion made clear that consumers who requested a free sample would be automatically charged a monthly fee if they did not cancel; and
2. the advertiser had permission to use the featured logos.
Response
1. TropiCleanse Ltd said that the word "free" and the logos would be removed.
2. The advertiser did not comment on whether they had permission to use the logos.
Assessment
1. Upheld
After the ASA informed the advertiser of the complaint, we noted that the web page had been revised – the advertiser had removed the word "free" and the logos. The revised web page stated "TropiCleanse Sample ... Subtotal £0.00" which we considered would be viewed by consumers as akin to a free trial. We also noted that they had included small print at the bottom of the sample product page stating "By placing your order today, you'll be shipped a 2 week sample supply of TropiCleanse ... If for any reason you feel TropiCleanse is not for you, simply cancel within 15 days ... to decline enrolment in the auto-shipment programme, which conveniently sends you a full size supply every month ... at the low price of 54.90 [sic] ..." We pointed out to the advertiser that the revised ad was not clear enough regarding the consumer commitment; they did not respond to our correspondence. We concluded that because the reference to the sample was not followed immediately by qualifying text that made it clear that additional charges would be incurred if consumers did not cancel, we concluded that the promotion was misleading.
On this point the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.17
3.17
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication.
(Prices),
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free) and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
2. Upheld
Because the advertiser did not provide evidence that they had permission to use the logos, we concluded the ad breached the Code.
On this point, the ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.50
3.50
Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation.
(Endorsements and testimonials).
Action
The ad must not appear in its current form. We told TropiCleanse to ensure significant financial commitments were clearly stated in their promotions and to ensure they had permission to use third-party logos.
