Ad description
A TV ad for discounted deals stated "Join mightydeals.co.uk and we'll send you amazing deals daily. Last week at Mighty Deals, William got a onesie, Emma got an iPad, William went to his favourite local restaurant, Emma took a flying lesson, William went on a trip to Paris, Emma relaxed on her brand new bed. Get a Flowers Direct voucher worth £40 for £15. You can treat your loved one to a stunning selected £40 flower bouquet for just £15". Small on-screen text stated "Selected flowers only. Offer ends 3rd July. T&Cs apply".
Issue
One viewer challenged whether the ad was misleading, because it did not state that delivery of the flowers would cost a further £5.99.
Response
Money Expert Ltd trading as Mighty Deals (Mighty Deals) said the offer was for £40 worth of flowers for £15 and delivery was a separate cost, which was standard for online retail. They stated that Clearcast had advised that the ad should state "T&Cs Apply" and they were willing to include delivery costs in future ads, if required.
Clearcast stated that the offer was for a voucher to purchase a selected bouquet of flowers, worth £40, for the special offer price of £15. They said the ad was promoting the voucher, for which there were relevant terms and conditions, but the ad did not refer to delivery and they therefore considered that the cost of delivery did not need to be stated in that instance.
Assessment
Upheld
The ASA noted that the ad stated "You can treat your loved one to a stunning selected £40 flower bouquet for just £15" and considered that viewers would understand that the voucher could be used in its entirety for a gift bouquet worth £40. We understood, however, that the delivery of the flowers would cost a further £5.99. Although we noted that the ad stated "T&Cs apply", we considered that an additional charge for delivery was material information which should have been set out in the ad. We therefore concluded that the ad was misleading.
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
3.3
3.3
Ofcom must ensure that the standards from time to time in force under this section include:
a) minimum standards applicable to all programmes included in television and radio services; and
b) such other standards applicable to particular descriptions of programmes, or of television and radio services, as appeared to them appropriate for securing the standards objectives."
Section 319(5).
3.3.4
3.3.4
delivery charges
(Misleading advertising),
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification),
3.11
3.11
Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
(Exaggeration),
3.18
3.18
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product or service depicted in the advertisement.
and
3.22
3.22
Advertisements that state prices must also state applicable delivery, freight or postal charges or, if those cannot reasonably be calculated in advance, state that such charges are payable.
(Prices).
Action
The ad must not be broadcast again in its current form.
BCAP Code
3.1 3.10 3.11 3.18 3.2 3.22 3.3 3.3.4
