Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
A TV ad for a young girl's boots, shown on a children's TV channel, stated "... and you get the Lelli Kelli diamond bracelet with studs to match your boots … Lelli Kelli boots, the only ones with a diamond bracelet to match your boots."
Issue
1. Six complainants, who understood the bracelet was not diamond, challenged whether the claims that the bracelet was "diamond" was misleading; and
2. Two complainants challenged whether the references to a "diamond bracelet" was likely to take advantage of children's lack of experience and credulity.
Response
1. Lelli Kelly SpA said it was obvious that the diamonds shown in the ad were not real, pointing out that a diamond bracelet would be very expensive and would not be given out free with a pair of boots that cost less than £80.
Clearcast said it was clear from the ad that the bracelet did not include real diamonds. They pointed out that Lelli Kelli boots were priced from £49.90 to £74.90 and said several visuals showed a bracelet with shiny glittering stones matching those of the boots. They said that the ad stated that the Lelli Kelly diamond bracelet came with "studs to match your boots" and provided a visual of the bracelet and the boots. They said it was clear from that visual, and other visuals, that the bracelet did not feature real diamonds.
2. Lelli Kelly said children would not perceive the bracelet to be valuable because they were unlikely to have an understanding of the value of real diamonds. They said that children were not attracted to the cost of the diamonds but by their shiny appearance and the fact that adults wear them.
Clearcast said children of the age who would be interested in the advertised product would not understand what real diamonds were or fully appreciate their value. They pointed out that the studs on the boots were shown and said to match the diamond bracelet and, therefore, it was clear that the bracelet included sparkling studs, appearance of which would appeal to children.
Assessment
1. Not upheld
The ASA understood that six complainants felt the claim "diamond bracelet" was likely to be interpreted literally by consumers to mean that the bracelet featured real diamonds. However, we noted the ad showed seven visuals of the bracelet and referenced the "diamond bracelet" as having "studs to match" the boots, showing a visual of the boots and the bracelet together. We considered that adults, who would make a decision on whether to purchase the product, would understand from those visuals, the reference to the studs and the fact they came free with a pair of children's boots, that the bracelet did not include real diamonds. Because of that, we concluded the ad was not misleading.
On that point, we investigated the ad under BCAP Code rule 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising), but did not find it in breach.
2. Not upheld
The ASA understood that two complainants felt the claim "diamond bracelet" was likely to be interpreted literally by children to mean the bracelet featured real diamonds and, therefore, the ad was likely to take of advantage of their credulity. However, we considered children were unlikely to understand the value of real diamonds or be attracted to them for reasons of cost and were more likely to be interested in the shiny colourful appearance of the bracelet. We noted the ad showed seven visuals of the bracelet and referenced the "diamond bracelet" as having "studs to match" the boots, showing a visual of the boots and the bracelet together and, therefore, considered it was unlikely that children would have an unrealistic expectation of the product. We also noted adults would make the decision on whether to purchase the product and, therefore, we concluded the ad was unlikely to take advantage of children's lack of experience and credulity.
On that point, we investigated the ad under BCAP Code rule 5.7 5.7 Advertisements must not take advantage of children's inexperience, credulity or sense of loyalty. Advertisements for products or services of interest to children must not be likely to mislead; for example, by exaggerating the features of a product or service in a way that could lead to children having unrealistic expectations of that product or service. (Children), but did not find it in breach.
Action
No further action necessary.
