Background
Summary of Council decision:
Six issues were investigated all of which were upheld.
Ad description
Two banner ads and three advertorials, for Essence of Argan and IdroTherapy, products which purported to remove wrinkles, all included images of the same woman:
a. The first advertorial, viewed on www.consumerlifestyles.com, a consumer resource and information website, was headed "A Mom Outsmarts Botox Doctors with her £4 Trick to a Wrinkle Free Face - Surprising 14 Day Results Revealed". Text in the body copy stated "Kristin, an ordinary mom of three from Manchester is the perfect example of a smart consumer that bypassed the health risks and thousands of dollars of using Botox to erase her wrinkles and 'reverse the clock' on life ... After watching a television documentary on cell revival, Kristin discovered two beauty products from trusted skin care companies Essence of Argan & IdroTherapy with Collagen Renewal technology to unlock the secrets of anti-aging [sic]." Further text stated "Follow the links to the free trials of Essence of Argan <<http://consumerlifestyles.com-ww3.co/uk/wrinkle-science-exposed/eofargan.php>> and IdroTherapy <<http://consumerlifestyles.com-ww3.co/uk/wrinkle-science-exposed/idro.php>> and know that you are getting quality products that work; no strings attached! Remember, to get the BEST results you will want to try BOTH products together. With the discounted shipping costs you'll be on your way to smooth skin for under £8! But hurry! These trial products won't be available forever ... Limited Time Offer For Our Readers ... Receive A Free 30 Day Supply Of Essence of Argan <<http://consumerlifestyles.com-ww3.co/uk/wrinkle-science-exposed/eofargan.php>>... Use our exclusive promo code "XXXXXXXX" to get £3.99 shipping ... Receive A Free 30 Day Supply Of IdroTherapy Use our exclusive promo code "XXXXXX" and you pay just £3.99 shipping!"
The ad also included three different sets of before and after images of female faces. Text above the first set of before and after photographs stated "2 WEEKS Actual unretouched [sic] photos" Text beneath the same photographs stated "The second picture is taken exactly 14 days after the first. Notice the strong difference after applying the Essence of Argan and IdroTherapy."
b. The second advertorial, viewed on www.consumerlifestylealerts.org, which was presented as a website of a news channel, was headed "Don't Break the Bank: A London Mum's £8 Trick to a Wrinkle FREE Face". Further text stated "Nancy investigates a London mum's discovery to get a celebrity look for less than £8 that has enabled thousands of consumers to reduce their wrinkles and fine lines from home". Text in the body copy stated "Marcy Collins, a single mother of three from London, is the perfect example of a smart consumer ... she recently discovered a clever way of combining two low cost beauty product trials to get the job done. The products from Essence of Argan and IdroTherapy, two of the most respected names in anti-aging [sic] science, have helped her unlock the secrets of anti-aging [sic]."
Further text stated "Follow the links below to the free trials* provided by the manufacturers of Essence of Argan and IdroTherapy and know that you are getting quality products that work at a price that won't break the bank. Remember, the BEST results are from using BOTH products together. We aren't as confident that you will see results like those above if you only use one. Besides, with the discounted shipping costs you'll be on your way to looking and feeling younger and sexier for under £8! But hurry! Our report has generated a lot of buzz and these free trials* won't be available forever! … UPDATE: Due to the popularity of this report, the manufacturers have extremely limited the number of the free trials that can be claimed from this page daily. Please understand the free trials are given away on a first come first serve basis, so if you are able to click through the links below and see their sites, you still have an opportunity to claim a spot today. Click Here For A Free Trial Of Essence of Argan <<http://www.consumerlifestylealerts.org/offer21.php>> … Use our exclusive promo code "XXXXXX" for £3.99 S&H!) … Click Here For A Free Trial Of IdroTherapy <<http://www.consumerlifestylealerts.org/offer22.php>> … Use our exclusive promo code "XXXXXXXX" for £3.99 S&H!) ***Free Trial Promotions Expire Wednesday, October 3, 2012 at Midnight."
Text at the foot of the ad, beneath the sub-heading "Terms & Agreement", stated "It is important to note that this site and the comments/answers depicted above is [sic] to be used as an illustrative example of what some individuals have achieved with this/these products. This website, and any page on the website, is based loosely off a true story, but has been modified in multiple ways including, but not limited to: the story, the photos, and the comments. Thus, this page, and any page on this website, are not to be taken literally or as a non-fiction story. This page, and the results mentioned on this page, although achievable for some, are not to be construed as the results that you may achieve on the same routine. I UNDERSTAND THIS WEBSITE IS ONLY ILLUSTRATIVE OF WHAT MIGHT BE ACHIEVABLE FROM USING THIS/THESE PRODUCTS, AND THAT THE STORY/COMMENTS DEPICTED ABOVE IS [sic] NOT TO BE TAKEN LITERALLY. This page receives compensation for clicks on or purchase of products featured on this site"
The ad also included two different sets of before and after images of female faces. Text above the first pair of before and after images stated "During the 15 day period, Marcy Collins documented this progress with her camera:" Text beneath the after image stated "The second picture is taken exactly 15 days after the first. Notice the strong difference after applying the 2 trials during that time."
c. The third advertorial, viewed on www.consumerlifestylealerts.org, which was presented as a website of a news channel, was headed "Don't Break the Bank: A Sunderland Mum's £8 Trick to a Wrinkle FREE Face". Further text stated "Nancy investigates a Sunderland mum's discovery to get a celebrity look for less than £8 that has enabled thousands of consumers to reduce their wrinkles and fine lines from home". Text in the body copy stated "Marcy Collins, a single mother of three from Sunderland, is the perfect example of a smart consumer ... she recently discovered a clever way of combining two low cost beauty product trials to get the job done. The products from Essence of Argan and IdroTherapy, two of the most respected names in anti-aging [sic] science, have helped her unlock the secrets of anti-aging [sic]."
Further text stated "Follow the links below to the free trials* provided by the manufacturers of Essence of Argan and IdroTherapy and know that you are getting quality products that work at a price that won't break the bank. Remember, the BEST results are from using BOTH products together. We aren't as confident that you will see results like those above if you only use one. Besides, with the discounted shipping costs you'll be on your way to looking and feeling younger and sexier for under £8! But hurry! Our report has generated a lot of buzz and these free trials* won't be available forever! … UPDATE: Due to the popularity of this report, the manufacturers have extremely limited the number of the free trials that can be claimed from this page daily. Please understand the free trials are given away on a first come first serve basis, so if you are able to click through the links below and see their sites, you still have an opportunity to claim a spot today. Click Here For A Free Trial Of Essence of Argan <<http://www.consumerlifestylealerts.org/offer21.php>> … Use our exclusive promo code "XXXXXX" for £3.99 S&H!) … Click Here For A Free Trial Of IdroTherapy <<http://www.consumerlifestylealerts.org/offer22.php>> … Use our exclusive promo code "XXXXXXXX" for £3.99 S&H!) ***Free Trial Promotions Expire Wednesday, October 2, 2012 at Midnight."
Text at the foot of the ad, beneath the sub-heading "Terms & Agreement", stated "It is important to note that this site and the comments/answers depicted above is [sic] to be used as an illustrative example of what some individuals have achieved with this/these products. This website, and any page on the website, is based loosely off a true story, but has been modified in multiple ways including, but not limited to: the story, the photos, and the comments. Thus, this page, and any page on this website, are not to be taken literally or as a non-fiction story. This page, and the results mentioned on this page, although achievable for some, are not to be construed as the results that you may achieve on the same routine. I UNDERSTAND THIS WEBSITE IS ONLY ILLUSTRATIVE OF WHAT MIGHT BE ACHIEVABLE FROM USING THIS/THESE PRODUCTS, AND THAT THE STORY/COMMENTS DEPICTED ABOVE IS [sic] NOT TO BE TAKEN LITERALLY. This page receives compensation for clicks on or purchase of products featured on this site"
The ad also included two different sets of before and after images of female faces. Text above the first pair of before and after images stated "During the 15 day period, Marcy Collins documented this progress with her camera:" Text beneath the after image stated "The second picture is taken exactly 15 days after the first. Notice the strong difference after applying the 2 trials during that time."
d. A banner ad, viewed on an internet auction site, was headed "Marcy's Closeup". The ad included a set of before and after images of a female face. Text above the before image stated "During the 15 day period, Marcy Collins documented this progress with her camera:". Further text beneath the after image stated "The second picture is taken exactly 15 days after the first. Notice the strong difference after applying the trial product during that time." The ad clicked through to ad (c).
e. A banner ad, viewed on an internet auction site, was headed "1 Trick To Look Years Younger?" The ad included a set of before and after images of a female face. Text beneath the after image stated "You'll be shocked and surprised what was revealed following a local Mum's £4 wrinkle trick." The ad clicked through to ad (b).
Issue
Three of the complainants challenged whether:
1. the efficacy claims for the products were misleading and could be substantiated;
2. the testimonials were genuine; and
3. the before and after photographs were genuine.
4. Four complainants challenged whether the ads were misleading, because they failed to make clear the costs that consumers who requested a product sample would incur.
One complainant also challenged whether the claim, in ad (b):
5. that the offer was due to expire on the date the ad was viewed was misleading and could be substantiated, because they understood the offer was available on a permanent basis.
6. "Now only two more trials left" was misleading and could be substantiated.
Response
Lifestyle Advantage Ltd and Idrolabs Ltd representing Essence of Argan and IdroTherapy respectively said the ads had not been created by themselves; rather they had been created by their affiliates. However, they said they could not provide us with the contact details for those affiliates.
Assessment
1. Upheld
In the absence of evidence to support the efficacy claims for the advertised products, we considered that the claims had not been substantiated. We therefore concluded that the ads breached the Code.
On this point, ads (a), (b), (c), (d) and (e) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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).
2. & 3. Upheld
We noted ads (b) and (c) featured text at the foot of the page which made clear that the ads were based loosely on a true story, which had been modified with regard to story, photographs and comments. However, we also noted we had not seen any evidence to demonstrate that the testimonials and before and after photographs were genuine. On that basis, we concluded that the ads breached the Code.
On these points, ads (a), (b), (c), (d) and (e) 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), 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration) and 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsements and Testimonials).
4. Upheld
We noted ads (a) and (b) stated "Receive A Free 30 Day Supply Of Essence of Argan" and "Receive A Free 30 Day Supply Of IdroTherapy" and that ad (c) stated "Click Here For A Free Trial Of Essence of Argan" and "Click Here For A Free Trial Of IdroTherapy". In that context, we considered consumers would understand that, upon request, they were able to receive a free trial of the products at no cost. We were therefore concerned that a number of the complainants had been charged for the following months supply of those products, after having requested only the free trial.
Because the ad did not make clear that, upon requesting a free trial of the advertised products, consumers would be charged for the following months supply of those products, we concluded that ads (a), (b) and (c) were misleading and breached the Code.
On this point, ads (a), (b) and (c) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.9 3.9 Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify. (Qualification).
5. & 6. Upheld
In the absence of evidence to demonstrate that the offer expired on the date the ad was viewed and that the stated level of availability was correct, we concluded that the claims had not been substantiated. We therefore concluded that the ads breached the Code.
On these points, ad (b) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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 ads must not appear again in their current form. We told Essence of Argan and IdroTherapy to ensure all claims were capable of robust substantiation in future and to ensure future ads made
