Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A TV ad and a radio ad for Benenden Healthcare, a mutual insurance company:
a. The TV ad, seen on 4 February 2024, featured a woman who stated, “Private healthcare? Me?”. A voice-over replied, “Yes Flo, at Benenden Health, everyone’s welcome. No one’s excluded.” On-screen text stated “From 1/4/24 fee increases to £15.59pppm. See T&Cs for limits & exclusions. Dependent on NHS waiting times. UK residents only. Affordable private healthcare for everyone, just £12.80 per person per month”.
b. The radio ad, heard on 12 March 2024, featured a person stating, "With Benenden Health it’s just £12.80 per person per month. What’s the catch? There isn’t one. It’s one price for all with no hidden charges […] everyone is welcome, no one is excluded. Whoever you are Britain, we’ve got you. Search Benenden Health. Healthcare done different. Limits & exclusions apply. Fee reviewed annually. UK residents only.”
Issue
The ASA received two complaints:
1. One complainant, who understood several surgery related procedures and cancer treatment were not included in Benenden Healthcare’s membership, challenged whether ad (a) was misleading.
2. One complainant, who understood customers could only access medical treatment after two years of membership, challenged whether ad (b) was misleading.
Response
The Benenden Healthcare Society Ltd (Benenden Healthcare) said the ads intended to highlight that their plan was affordable and inclusive. They said anyone could join regardless of pre-existing conditions and that they would pay the same monthly price. They said the plan contained no other fees or charges.
1. In relation to ad (a), they explained that they offered not only surgical treatment but 24/7 GP helplines, 24/7 mental health helplines, care planning and social care advice immediately when a member joined. They also offered access to medical diagnosis, physiotherapy, mental health support and cancer support after six months of membership. They acknowledged that certain treatments and procedures were excluded from the plan entirely, but said the ad featured a clear disclaimer which stated ‘terms and conditions’ applied. They said the claim ‘no one’s excluded’ was different to product exclusions and that anybody could join regardless of age or pre-existing medical conditions.
Benenden Healthcare believed that due to the low price and because the disclaimer “See T&Cs for limits and exclusions” was clearly visible, viewers who saw the ad would not have expected all medical procedures to be included. They also maintained that all private medical insurance products had certain restrictions. They said viewers would have been able to find out about their membership restrictions through their website or on the phone. They said there was no call to action in the ad and that viewers would have likely viewed the website it they wanted further information. They said they were constrained by time and space and could not therefore have included further information in the ad.
Clearcast believed ad (a) was not likely to mislead viewers into assuming all surgeries or medical procedures were included in Benenden Healthcare’s standard package and considered no material information had been omitted.They said the purpose of the ad was to highlight that “everyone’s welcome” at Benenden Healthcare, regardless of an individual’s health records or an existing diagnosis. They said all members had access to the same services.They acknowledged that there were exclusions to several surgeries and treatments, which they believed was the case with all private healthcare plans. They said on-screen text, which stated, “See T&Cs for limits & exclusions”, was a significant disclaimer which informed viewers that there were various conditions attached to Benenden Healthcare’s policy plan. They also said that at no point did the ad reference surgeries or treatments available within the plan. Instead, it stated that everyone was welcome, which was true.
2. In relation to ad (b), Benenden Healthcare confirmed that as of 19 February 2024, surgical treatments were only available after two years of membership. However, they said ‘cover’ did not start after two years. They said that membership started from day one, with access to a range of healthcare services. Therefore, the majority of all other services were available immediately. They believed the phrase “What’s the catch? There isn’t one. It’s one price for all with no hidden charges” accurately reflected that there was one standard monthly price and there were no further charges. They said it also reflected that there were no barriers to anyone joining the plan. They said listeners were unlikely to join the plan due to the ad in isolation and would find out the full details, including restrictions, when visiting the Benenden Healthcare website.
Radiocentre said they agreed with the points made by Benenden Healthcare concerning ad (b) and confirmed it was no longer being broadcast.
Assessment
1. UpheldAd
(a) featured a voice-over which stated, “Benenden Health, everyone’s welcome. No one’s excluded” and featured prominent text which stated “affordable private healthcare for everyone”.The ASA considered that those references gave the impression that anyone could join Benenden Healthcare to access private healthcare, and that, by association, their specific medical needs would be covered by the plan. We considered that the on-screen text stating “See T&Cs for limits and exclusions” was not sufficient to override the overall impression given by the ad that all types of treatments were covered by the plan.
We understood that Benenden Healthcare did not cover all types of medical treatments. Examples of excluded procedures included surgeries related to cancer, heart or brain conditions and joint replacements. Whilst we understood that it would be unlikely for a private medical company to cover every unique type of medical problem, the exclusion list contained common and major health related issues, such as surgeries related to cancer.
Because the ad gave the impression that all medical procedures were included in the plan, when that was not the case, we concluded that it was misleading.On that point, ad (a) breached BCAP Code (Edition 12) rules 3,1, 3.2 (Misleading advertising) and 3.10 (Qualification).
2. Upheld
We considered listeners would have been likely to interpret the phrase “What’s the catch? There isn’t one” to mean there were no significant restrictions or limitations that would influence their decision to join Benenden Healthcare. We considered the phrase would have been interpreted as relating to pricing, but also non-pricing issues, including key aspects of the membership plan, such as treatment restrictions or exclusions.However, we understood that as of 19 February 2024, surgical treatments were only available after two years of membership. We considered that would be likely to be viewed by consumers as being a “catch” and was also material information likely to influence a consumer’s decision to join Benenden Healthcare. Because that information was omitted from the ad and the ad stated that there were no catches, when that was not the case, we concluded that it was misleading.On that point, ad (b) breached BCAP Code (Edition 12) rules 3,1, 3.2 (Misleading advertising) and 3.10 (Qualification).
Action
The ads must not appear again in the forms complained of. We told The Benenden Healthcare Society Ltd to ensure that future ads did not mislead consumers or omit material information regarding their healthcare plan, including significant restrictions or exclusions relating to treatment options.
