Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Google ad and a website for laser eye surgery provider Optilase, seen on 10 January 2022:
a. The paid-for Google ad featured text that stated “Laser Eye Surgery Belfast - £500 Off Online Offer. Achieve Freedom From Glasses With Laser Eye Treatment … Lifetime Guarantee”.
b. The website www.optilase.co.uk, featured a form at the top of the homepage into which consumers could enter their contact details. Text above the box stated “£500 off Laser Eye Surgery”. Text further down the page stated “Get started today with your Laser Eye Surgery and receive a £500 discount!”.
Issue
1. The complainant, who understood that the "£500 Off" offer only applied if consumers agreed to opt-out of the lifetime guarantee on the surgery, challenged whether the promotion was misleading.
2. The ASA challenged whether the promotion was irresponsible.
Response
1. & 2. OPTILASE (UK) LTD t/a Optilase Clinic said they had amended ad (b) to include the wording “T&Cs Apply: Click to view”, which when clicked brought up a text box that stated “£500 off Laser Eye Surgery discount is applicable to all services of Laser Eye Surgery … When availing of this discount, patients will avail of our '1 year Aftercare' package, instead of the 'Lifetime Aftercare Guarantee'”.
They confirmed that the “Lifetime Aftercare Guarantee” was an add-on that was not applicable to the “£500 off” promotion and said that had been communicated to consumers when contacted by the Optilase Clinic call centre and in their terms and conditions. The “1 Year Aftercare” package included any eye drops prescribed by Optilase Clinic, a laser top-up enhancement treatment and review appointments with an optometrist at various intervals for a year. Any further treatment required after the end of the package period was chargeable.
Google UK Ltd t/a Google Ireland confirmed that ad (a) had been served through Google Ads, a self-administered system. They explained that under the terms agreed to by advertisers, it was the advertiser’s responsibility to abide by applicable law and regulations, including the CAP Code. After reviewing Optilase Clinic’s ad, they had found the ad to be in breach of their policies and had taken steps to prevent it from being served again.
Assessment
1. Upheld
The CAP Code stated that promotions must communicate all applicable significant conditions or information where the omission of such conditions or information was likely to mislead.
We noted that ads (a) and (b) did not state that in order to avail of the “£500 off” promotion, consumers had to opt-out of their “Lifetime Guarantee” on the surgery, and opt-in to the “1 Year Aftercare” package. We understood that the “Lifetime Guarantee” offered on the surgery allowed consumers whose eyesight regressed after the surgery – where their old prescription started to return – to receive corrective treatment at no further cost. We understood the “1 Year Aftercare” package comprised eye drops, several follow-up appointments with an optometrist, and laser top-up treatment if necessary. However, we noted that was not explained or detailed anywhere in the ads. We considered the “1 Year Aftercare” package offered significantly less post-surgery care than the “Lifetime Guarantee”, and that information was likely to influence a consumer’s decision to participate in the promotion.
We welcomed Optilase Clinic’s assurance that they had amended ad (b) to include some of the terms and condition for the promotion. However, we considered those conditions were still unclear and did not explain what the “1 Year Aftercare Package” comprised. We also considered that, given the significant conditions, providing them in a text box that only appeared when clicked on did not give them sufficient prominence.
Because the ads did not state that in order to avail of the “£500 off” promotion, consumers had to opt-out of their Lifetime Guarantee on the surgery, and we considered that to be information that was likely to influence a consumer’s decision to participate in the promotion, we concluded that the ads were misleading.
On that point, the ads breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising),
8.17
8.17
All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include:
and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
2. Upheld
The CAP Code required marketing communications to be prepared with a sense of responsibility to consumers and to society. We considered that although it would not necessarily be irresponsible to offer promotions for surgical procedures, marketers would need to take particular care when executing and administering them.
We understood that laser eye surgery was a serious medical procedure that could require long-term aftercare. We considered the promotion encouraged consumers to opt-out of life-long aftercare for the surgery in order to obtain a significant discount on the procedure without being sufficiently informed. We considered that effect was exacerbated by, as referenced at point 1, the fact a significant condition to the promotion had not been adequately communicated to consumers.
Although we welcomed Optilase Clinic’s assurance that they would make changes to their advertising, we considered that the promotion had not been prepared in a socially responsible manner, and therefore concluded that it breached the Code.
On that point, the ads breached CAP Code (Edition 12) rule 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility).
Action
The promotion must not be run again in its current form. We told OPTILASE (UK) LTD t/a Optilase Clinic to ensure that future promotions did not mislead by omitting significant terms and conditions or material information. We also told them to ensure that future promotions were prepared with a sense of responsibility to consumers and to society.
