Ad description
A TV ad promoted a furnishings sale. On-screen text in the ad stated "THE BIG SALE NOW ON!" accompanied by the voice-over, "The big sale at United Carpets and Beds is now on". On-screen text then stated "HALF PRICE PLUS AN EXTRA 25% OFF PLUS EVERY CARPET FITTED FREE" accompanied by the voice-over, "Half price plus an extra 25% off plus free fitting when purchasing underlay". The ad featured two carpet products alongside on-screen text which detailed the previous and current prices and stated "FITTED FREE Stair surcharge applies. Offer ends 3rd Feb". A third carpet was featured and the voice-over stated, "And this hard wearing berber is now amazing value at only £4.49 plus free fitting" alongside on-screen text which detailed the previous and current prices.
Issue
One viewer challenged whether the ad was misleading because it did not make sufficiently clear that consumers only qualified for free carpet fitting if they purchased underlay.
Response
United Carpets plc said the voice-over stated that every carpet offered "free fitting when purchased with underlay" and therefore felt the ad was clear. They stated that the advertised products had been available during their 'Big Sale' and, like all their carpets, could be fitted free when the customer purchased underlay.
Clearcast acknowledged that the on-screen text stated 'EVERY CARPET FITTED FREE', but pointed out that text appeared at the same time that the voice-over stated, "Half price plus an extra 25% off plus free fitting when purchasing underlay". They therefore felt that the condition that carpet fitting was free when consumers purchased underlay was clear in the voice-over. They considered that having the condition in the audio was more prominent than it appearing as on-screen text and therefore felt that, in the context of the entirety of the ad, the condition was clearly presented. They therefore believed that ad made clear the extent of the commitment the consumer had to make to take advantage of the 'free' offer.
Assessment
Upheld
The ASA noted that the voice-over stated "free fitting when purchasing underlay" at the start of the ad, at the same time that on-screen text stated "HALF PRICE PLUS AN EXTRA 25% OFF PLUS EVERY CARPET FITTED FREE". We noted that the ad subsequently made further references to free carpet fitting, both on screen and in the voice-over. However, whilst the ad included the on-screen qualification "Stair surcharge applies", it did not reiterate the qualifying condition that underlay must be purchased to obtain a free fitting. We noted therefore that the qualifying condition that underlay must be purchased to obtain a free fitting did not appear in the on-screen text during the ad and only appeared once in the voice-over.
Because we considered that the claim that the advertisers offered free carpet fitting was stated frequently throughout the ad, in both the voice-over and in on-screen text, but that the qualifying condition that underlay must be purchased to obtain a free fitting was not presented as frequently, we considered that the ad did not make sufficiently clear that consumers had to purchase underlay to take advantage of the free offer. We therefore concluded it was misleading.
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
(Misleading advertising),
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
(Qualification) and
3.25
3.25
Advertisements must make clear the extent of the commitment consumers must make to take advantage of a "free" offer.
Advertisements must not describe items as "free" if:
(Free).
Action
The ad must not be broadcast again in its current form.
