Ad description

A leaflet for Specsavers Hearcare, seen in August 2021, stated “Specsavers Advance Your hearing, your way. Invisible hearing aids from £495” and included an image of the side of a woman’s head, focused on her ear and the long earring she was wearing. Further text stated “That’s something to smile about”.

Issue

Two complainants challenged whether the ad was offensive and irresponsible, because the claim “That’s something to smile about”, in the context of an ad for invisible hearing aids, reinforced stigma around wearing hearing aids.

Response

Specsavers Hearcare Ltd t/a Specsavers said that their business offered affordable eyecare and hearing services, and the strapline “That’s something to smile about” had been used in ads for both optical and hearing products, to convey an upbeat message in ads that focused on price. In this case, they considered that the focus of the ad was on the price point. They said the wording “Invisible hearing aids from £495” was the most prominent text in the ad and was immediately followed by the strapline “That’s something to smile about”. They said they believed that people would therefore understand that the reference to “That’s something to smile about” referred to the hearing aids being “from £495”.

Specsavers said the ad made no attempt to make light of hearing aid wearers or to be humorous, and made no comment regarding other types of hearing aid.

Assessment

Not upheld

In considering the potential impact of the imagery and messaging of the ad, the ASA sought a view from the Royal National Institute for Deaf People (RNID). The RNID told us they could not be certain that the phrase “that’s something to smile about” would cause serious or widespread offence, however, they highlighted that the perceived stigma of hearing loss and deafness was a real concern for their communities. They stated that there were 12 million people with hearing loss in the UK, and therefore that there would be differing opinions on different types of hearing devices amongst the population. However, they considered that people had the right to choose whether the hearing aids they wore were visible or “invisible”.

The ASA considered that the ad did not compare invisible hearing aids favourably against visible hearing aids, or suggest that wearing an invisible hearing aid was preferable. We also considered that the ad did not suggest or imply that hearing difficulties were something to be ashamed of, or that wearing an invisible hearing aid would improve the wearer’s self-esteem.

The ad offered invisible hearing aids “from £499” and suggested “that’s something to smile about”, which we considered would be understood as referring to the price of the hearing aids rather than as a statement about their favourability compared to other kinds of hearing aids.

On that basis, we considered that the ad was unlikely to cause serious or widespread offence and was not irresponsible.

We investigated the ad under CAP Code (Edition 12) rules  1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society.  (Social responsibility) and  4.1 4.1 Marketing communications must not contain anything that is likely to cause serious or widespread offence. Particular care must be taken to avoid causing offence on the grounds of: age; disability; gender; gender reassignment; marriage and civil partnership; pregnancy and maternity; race; religion or belief; sex; and sexual orientation. Compliance will be judged on the context, medium, audience, product and prevailing standards.

Marketing communications may be distasteful without necessarily breaching this rule. Marketers are urged to consider public sensitivities before using potentially offensive material.
The fact that a product is offensive to some people is not grounds for finding a marketing communication in breach of the Code. 
 (Harm and offence), but did not find it in breach.

Action

No further action necessary

CAP Code (Edition 12)

1.3     4.1    


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