Ad description
A paid-for Facebook ad and website for Henry’s Boots, an online boot retailer, both seen on 12 November 2024:
a. The paid-for Facebook ad featured text stating, “Dear Friends, For over three decades I’ve poured my heart into every pair of leather shoes I’ve crafted. The time has now come to close my workshop – a bittersweet decision, but one that allows me to reflect on a lifetime of creativity, dedication and the incredible community we’ve built […]”. The ad featured an image of a fictitious newspaper with the headline “Henry’s final farewell” and images of a man making shoes in a workshop. The ad also featured a “Shop Now” button that linked to the website and text stating “UP TO 80% OFF Henry’s Boots”.
b. The website, www.henry-boots.com, featured images of a man making shoes in a workshop.
One page on the website featured the heading “HANDMADE WITH LOVE BY ME” followed by text stating, “Welcome to my world of leather boots. I’m Henry, and I’ve spent over 30 years perfecting the art of leathercraft. Each pair is lovingly made with the finest materials, just for you […] Each pair is carefully handmade in my workshop […]”. Further text on that page stated, “Handcrafted. All my shoes are meticulously handcrafted in my own workshop, with a focus on detail […] Satisfaction Guarantee Every pair of leather boots comes with a lifetime craftmanship guarantee. If you’re not completely satisfied, return them for a full refund – no questions asked”.
On an “About Me” page text stated, “Hi I’m Henry, and I’m grateful to share my story with you. For over 30 years, I’ve been making shoes – each pair crafted with love, dedication, and a commitment to both comfort and style […] The Journey. It all started decades ago in a small workshop where I discovered the art of shoemaking […] Over the years, my workshop has seen countless shoes come to life, each pair as unique as the person who wears them. I’ve poured countless hours – sometimes 80 a week – into my work, driven by a passion for creating shoes that look great and feel even better […] A Bittersweet Goodbye. As I prepare to close my workshop, it’s with a mix of pride and nostalgia […] after years of dedication, it’s time for a new chapter […] this farewell sale is my way of offering you a final opportunity to own a piece of Henry’s Shoes […] As a thank you, Up to 70% off on my beautiful shoes […]”.
On a page featuring the Terms and Conditions, text stated, “[…] Article 2 Identity of the entrepreneur. Company details: on request […]”.
A banner on the website stated, “Closure Sale: Up to 80% Off – Extra Discounts when you buy two or more pairs!”
Another banner on the website stated, “HENRY’S BOOTS HANDMADE MADE [sic] WITH LOVE”.
Issue
The ASA, who understood the images of the man were AI-generated and “Henry” was not a real person, challenged whether the claims in ads:
- (a) and (b) that the boots were handmade by Henry;
- (a) and (b) that Henry’s Boots was closing down; and
- (b) “Every pair of leather boots comes with a lifetime craftmanship guarantee. If you’re not completely satisfied, return them for a full refund – no questions asked”.were misleading and could be substantiated.
- The ASA also challenged whether by omitting the identity and geographical address of the marketer, ad (b) breached the Code.
Response
Person(s) unknown t/a Henry's Boots did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Henry Boot’s lack of response and apparent disregard for the Code as well as their failure to provide their full name and geographical business address, which were in breach of CAP Code (Edition 12) rules 1.7 (Unreasonable delay) and 1.7.1 (Compliance). We reminded them of their responsibility to provide a response to our enquiries and told them to do so in future.
1. & 2. Upheld
Ad (a) included the claims “Dear Friends, For over three decades I’ve poured my heart into every pair of leather shoes I’ve crafted”, “the time has come for me to close my workshop – a bittersweet decision, but one that allows me to reflect on a lifetime of creativity, dedication, and the incredible community we’ve built…”, and was accompanied by what appeared to be an extract from a local newspaper with the heading “Henry’s FINAL FAREWELL” alongside an image of a man in a workshop crafting shoes, which appeared to be AI-generated. The ASA considered that consumers were likely to understand from those claims and the image that the boots advertised were handmade by Henry in his workshop and that Henry’s Boots was closing down.
Ad (b) also included repeated claims reiterating that the shoes were handmade by a highly experienced cobbler in his own workshop, who had taken great care and pride in his work, and that he was closing his workshop. It also featured images of a man making shoes in a workshop, which appeared to have been AI-generated. We considered that consumers were likely to understand from those claims and the accompanying images that the boots advertised were handmade by Henry in his workshop and that Henry’s Boots was closing down.
We had not seen any evidence that the boots being advertised were handmade by “Henry” or that Henry’s Boots was closing down.
In the absence of such evidence, we concluded that the claims had not been substantiated and were therefore misleading.
On that point, ads (a) and (b) breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
3. Upheld
We considered that consumers would understand from the claim “Every pair of leather boots comes with a lifetime craftmanship guarantee. If you’re not completely satisfied, return them for a full refund – no questions asked” in ad (b) that they could return the product for any reason and at any time and they would receive a full refund.
Because we had not seen any evidence that a lifetime guarantee existed, and that products could be returned for any reason and at any time for a full refund, we concluded that the claim had not been substantiated and was misleading.
On that point, ad (b) breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
4. Upheld
The CAP Code stated that marketing communications must not mislead by omitting material information, hiding it, or presenting it in an untimely manner. For ads that quoted prices for advertised products, the geographical address of the marketer is included within material information.
Ad (b), which quoted prices for the advertised products, stated on a page featuring the Terms and Conditions, “Company details: on request” but there was no information on the website regarding the geographical address from which they operated.
We therefore concluded that ad (b) omitted material information about the advertiser’s geographical location and was therefore misleading.
On that point, ad (b) breached CAP Code (Edition 12) rule 3.4.1 (Misleading advertising).
Action
The ads must not appear again in the form complained of. We told Person(s) unknown t/a Henry’s Boots not to make misleading claims in their advertising, including in relation to how their products were made and whether they were closing down. We also told them to ensure where their ads quoted prices for advertised products, they included the geographical address from which they operated. We referred the matter to CAP’s Compliance team.
