Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Claims on www.patriotstore.co.uk promoted items for sale and stated "BRINGING YOU THE BEST OF BRITISH". Web pages advertising hoodies, fleeces and sweatshirts featured items of clothing with a crown logo on them. The "Best sellers" page stated "Let's buy British".
Issue
1. Two complainants, who understood the advertiser was not entitled to use images of the Royal Crown, challenged whether the pictures showing the design on the clothing represented use of the Royal Arms or Emblems without prior permission.
2. One complainant, who was unable to find any information about where the products were made, challenged whether the claim "Let's buy British" was misleading and could be substantiated.
Response
1. Lionheart Products Ltd t/a The Patriot Store did not provide a written response to the ASA, but indicated by phone that the online store was a platform for other sellers to sell products, and reflected the information provided by the sellers. They stated the featured items of clothing with the crown logo on them were sold by Britain First.
2. The Patriot Store indicated that the slogans which appeared on the clothing were printed in the UK.
Assessment
1. Upheld
We understood that the Lord Chamberlain's Office was responsible for authorising official use of the Royal Crown or Emblems. We considered that the crown item featured on the advertised items of clothing, which was clearly visible, bore a strong resemblance to the Royal Crown and considered that consumers would infer that it was a reproduction of the Royal Crown. Because we had not seen evidence that the Lord Chamberlain's Office had granted permission for Britain First or The Patriot Store to use the Royal Crown or Emblems on their merchandising, we concluded that the images of the Royal Crown had been used without prior permission and were therefore in breach of the Code.
On that 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. (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 3.52 3.52 Marketing communications must not use the Royal Arms or Emblems without prior permission from the Lord Chamberlain's office. References to a Royal Warrant should be checked with the Royal Warrant Holders' Association. (Endorsements and testimonials).
2. Upheld
The relevant web page was headed "Let's Buy British" and we considered that consumers would therefore understand that the clothes had been manufactured in the UK. We understood from the advertisers that the slogans which appeared on the clothing were printed in the UK, but had not seen any evidence showing where the items were produced. In the absence of supporting evidence, we concluded that the claim was misleading.
On that 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. (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).
Action
The claims must not appear again in its current form. We told the advertisers to ensure any logos that bore a strong resemblance to the Royal Crown or Emblems should not be featured in advertising, unless they held the relevant permission to feature the logo. We told the advertisers to ensure they did not imply their products were manufactured in the UK if they did not hold evidence in support of their claims.
