ASA Adjudication on India Garden Restaurant Ltd

Ad

A regional press ad, for the India Garden Restaurant, stated “ … India Garden fuses the traditional with contemporary cuisine … Since 1980, India Garden has been providing the people of Bushey with unparalleled Indian cuisine … For twenty-seven years the owner of the Indo-Bangladeshi restaurant, Sharif Choudhury, has stuck to a successful fusion … they have even delivered a take away to number 11 Downing Street on one occasion, following a word-of-mouth recommendation. For its 27th year in business, India Garden’s menu was modified … ‘In the past 27years India Garden has won many awards for its food’ Sharif explains …”.

Issue

Mr K Choudhury, of Taste of India and former owner of the India Garden, challenged:

1.  whether the references to 27 years trading in the ad were misleading, because he had owned the restaurant until 2005; and

2. the claim that India Garden had supplied a take away to 11 Downing Street, because he believed it referred to a visit he had made to Downing Street for reasons unconnected to the restaurant business.

CAP Code (Edition 11)

Response

1. Mr S Choudhury explained that there had been a misunderstanding between him and the Watford Observer.  He said he had wanted to convey that the restaurant had been running for 27 years, because he had purchased the goodwill of the business when he bought it two years ago, and not that he had always been its owner.

The Watford Observer said that sometimes copy was taken over the phone and that there could have been some confusion, but that the ad contained the information that Mr S Choudhury had supplied them with.

2.  Mr S Choudhury said the restaurant had delivered a take away to 11 Downing Street and he provided a copy of an ad for the India Garden placed by the previous owners that stated "We delivered a meal to 11 Downing Street, after a word of mouth recommendation" as proof of that.

Mr K Choudhury explained that he had visited 11 Downing Street in 1993 for a reception held by Dame Angela Rumbold in regards to charity work and not because of the India Garden Restaurant, which he owned at the time.  He further explained that he owned several restaurants at that time and took some food along for his consumption alone.

Assessment

1. Upheld

The ASA understood that Mr S Choudhury had not been the owner of the restaurant for 27 years, but had purchased the goodwill of the business in 2005.  We considered that it was misleading for Mr S Choudhury to imply that India Garden had been under his continuous ownership for 27 years, but not that the restaurant had traded for 27 years because he had purchased the goodwill of the business from the previous owner of 25 years.  Because of that, we concluded that the claim "For twenty-seven years the owner of the Indo-Bangladeshi restaurant, Sharif Choudhury, has stuck to a successful fusion ..." was misleading.

On this point, the ad breached CAP Code clause 3.1 (Substantiation) and 7.1 (Truthfulness).

2. Upheld

We noted the ad the previous owner of the restaurant, Mr K Choudhury, had placed had made the same claim.  We nevertheless considered that, because the person who had visited 11 Downing Street, Mr K Choudhary, had explained that the takeaway was taken for him to eat, and not requested from India Garden Restaurant and delivered to the Chancellor of the Exchequer, or his family,  the claim was misleading.

On this point, the ad breached CAP Code clause 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

We told India Garden Restaurant not to repeat the claims.

Adjudication of the ASA Council (Non-broadcast)