Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Two ads promoting a pair of hands-free binoculars:
a. A press ad in TV Choice magazine contained a corner flash with text stating "FREE HANDS-FREE BINOCULARS FOR EVERY READER!". Further text included "ZOOM IN ON THE ACTION BY UP TO 400% AND SEE FAR AWAY OBJECTS WITH SUPERB CLARITY" and "ZOOM-IN at home or away with up to 400% magnification!". Smaller text within in the ad stated "TAKE ADVANTAGE NOW OF OUR SPECTACULAR OFFER. ORDER YOUR HANDS-FREE BINOCULARS TODAY ... AND WE WILL SEND A SECOND PAIR ABSOLUTELY FREE!".
b. A page of the website www.winningdeals.co.uk promoted the same offer. The web page included a copy of ad (a). Further text stated "FREE PAIR OF HANDS-FREE BINOCULARS FOR EVERY READER - When you buy one pair we will give you another one FREE" and "AMAZING INTRODUCTORY OFFER - BUY ONE PAIR OF HANDS-FREE BINOCULARS FOR JUST £19/95 + p&p AND GET A SECOND PAIR FREE!". Text also repeated the claims of "up to 400%" magnification included in ad (a).
Issue
The ASA received three complaints:
1. Two complainants challenged whether the claims regarding "up to 400%" magnification in ads (a) and (b) were misleading and could be substantiated.
2. The third complainant challenged whether the claim "HANDS-FREE BINOCULARS FOR EVERY READER" in ad (a) was misleading.
Response
1. Winning Deals Ltd provided copies of two test reports relating to the magnification properties of the binoculars and sent a product sample.
2. Winning Deals Ltd pointed out that the ad included text in several locations stating that it was a buy-one-get-one-free offer. They said the product was therefore free to all readers who purchased one pair of binoculars.
Assessment
1. Upheld
The ASA considered that consumers were likely to understand the claims referring to "up to 400%" magnification to mean that objects viewed through the binoculars would appear four times larger, or four times closer, than with the naked eye, and at a range of magnifications in between. One test report referred to the binoculars as having "4x", or "400%", magnification; the other stated that calculated magnifications for the product ranged from approximately 3 to 4. Notwithstanding those reports, however, we noted from using the product that with full magnification, objects appeared only marginally larger or closer than they did with the naked eye. We were also concerned that it was not possible to use the full magnification range of the product, because objects appeared out of focus until the point that the zoom function was almost fully engaged. Because we considered that the product did not offer 400% magnification, and because in any case it could not effectively be used at a range of zoom levels, we concluded that the claims regarding up to 400% magnification in ads (a) and (b) exaggerated the performance of the produce and were misleading.
On that point, the ads 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 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
2. Upheld
We acknowledged that ad (a) contained text that referred to the offer as a free second pair of binoculars for every pair purchased. However, the prominent flash in the corner of the ad stated that the product was "FREE ... FOR EVERY READER". Because the product was only free for those readers who chose to purchase another pair at a cost, we considered that the claim "HANDS-FREE BINOCULARS FOR EVERY READER" was misleading.
On that point, ad (a) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.23 3.23 Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer. ("Free").
Action
The ads must not appear again in their current form. We told Winning Deals Ltd not to claim or imply that the binoculars offered "up to 400%" magnification in comparison with the naked eye unless they could demonstrate that that was the case, and not to describe a buy-one-get-one-free offer as being free to every reader.
