Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
The dating website www.sincebeingsingle.com, seen on 12 September 2017, featured an offer for the “Premium Package” which stated “TRANSFORM YOUR GAME 1-DAY WORKSHOP…+5 Bonuses Worth Over £5,000 OFFER PRICE £497”. The price of £1497 was crossed out. A second offer for the “Core Package” stated “TRANSFORM YOUR GAME 1-DAY WORKSHOP…+5 Bonuses Worth over £5,000” OFFER PRICE £97”. The price of £297 was crossed out.
Issue
The complainant challenged whether the following were misleading and could be substantiated:
1. the savings claims for the two offer prices; and
2. the claim “5 Bonuses Worth Over £5,000”.
Response
1. Since Being Single Ltd stated the offer price of £497 on the Premium Package was displayed when the product was initially released. They explained there was a countdown timer on the web page which showed the customer the number of days in which the offer price would be ending. Once the countdown clock had reached “0 days” the price increased to £1497, which was the final full price of the product.
They explained they were not suggesting that the higher price of £1497 was the price at which the package was previously sold, but were showing with the countdown clock that the price would increase over time. If the consumer decided to buy the package at the last minute they would lose out on the launch offer price and would have to pay the full price.
2. Since Being Single set out the value of each of the five bonus prizes – the first bonus included bringing a friend for free to the event which they said was worth £297. They said the second bonus which included an invite to a private dinner with Kamey was worth £197. The third bonus, which was free entry to a SBS Power Date Event, they said was worth £20. The fourth bonus was a free ticket to the next special event which they said was worth £297 and the fifth bonus offer of a one-on-one private mentoring programme which they claimed was worth between £4997 and £9997. They stated the total value of the bonuses was a minimum of £5,808 and they had previously sold the bonuses at the stated prices.
Assessment
1. Upheld
The ASA considered consumers would understand the “offer” prices of £497 for the Premium Package and £97 for the Core Package were reduced from the previous prices of £1497 and £297 respectively, which were scored out and therefore indicated that they were the usual selling price of those packages. We understood that Since Being Single intended the offer to be an introductory offer with a countdown timer showing when the prices would be increased. However, we considered that was not clear from the ad.
We understood from information provided by the complainant that the “Transform your game” workshop was previously offered by the advertiser at the price of £997, which suggested that the package had been sold previously and was not for a product that had not been sold before.
Because we had not seen any evidence to demonstrate the higher prices represented the prices at which the packages were usually sold, we therefore concluded that the ad was misleading.
On that point the ad 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) and 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. (Prices).
2.Upheld
We considered that consumers would understand from the claim that the total value of the five bonuses combined exceeded £5,000.
We noted the breakdown provided by the advertiser of what they considered to be the value of the bonuses. They did not, however, provide any evidence to show that the bonuses were genuinely worth those amounts, and in the absence of such evidence we concluded that the claim “5 Bonuses Worth Over £5000” was misleading.
On that point the ad 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) and 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. (Prices).
Action
We told Since Being Single Ltd to ensure that introductory offers were clearly marked as such. We also told them to ensure that their bonus offers were genuinely worth the amounts advertised.
