Ad description

A dating website, www.datepositive.net, stated "UK's Largest HIV Dating & Herpes Dating Since 2006 … Over 6,000 members - more than HIV Match".

Under the heading "The UK's best HIV Dating & Herpes Dating website" was further text, which stated "Datepositive is the UK's original STI dating site, launched in 2006. Our sole aim is to help you find the relationship you're looking for in safe [sic] and secure community.  We have over 6000 members. Many previous members are dating, in relationships or married!"

Issue

The complainant, who was a paying member of the website, challenged whether the claim that the website had "over 6,000 members" was misleading and could be substantiated.  

Response

The advertiser provided a current list of all their active members and pointed out that the list illustrated that the website had 6771 active members who were searchable and could be contacted by other members.  However, they stated that the number fluctuated slightly on a daily basis, due to members being banned or deleting their profiles.       

The advertiser stated that the number of members shown in a search result depended on various factors.  They pointed out that a member searching for a date, but who did not meet the requirements of other members, would not see those members' profiles in their search results.    

Assessment

Not upheld

The ASA noted that the advertiser had provided a detailed list of all 6771 active members who were registered on their website, which showed each individual's username and ID number.  Furthermore, we acknowledged that a search result would exclude profiles where the searching member did not meet the requirements for those members.  Therefore, we concluded that the claim "over 6,000 members" had been substantiated and was not misleading.  

We investigated the ad under CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading Advertising),  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation) and  3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product.  Exaggeration), but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

3.1     3.11     3.7    


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