ASA Adjudication on The Offer Service Ltd

Ad

A reader offer in the Sun newspaper, for a DVD recorder, was headed "MULTI-PURPOSE DVD RECORDER". Text beneath stated "Copy treasured videos to DVD at the touch of a button. Save £100 on this multi-purpose DVD recorder that's so easy to use". The right-hand side of the ad showed two DVD recorders next to the text "£100 SAVING. ONLY £199.99. RRP £299.99 P&P £4.95"

Issue

t2Direct Ltd, a competitor, complained that:

1. the ad was misleading because it showed two different models of DVD recorder and did not make clear which one respondents were likely to receive; and

2. the saving claim was misleading because they believed the quoted RRP of £299.99 was not the price at which either of the featured products was generally sold.

CAP Code (Edition 11)

Response

The Offer Service (TOS) said both the VCR/DVD Recorder shown in the ad were the same model of VCR/DVD Recorder.  They said their supplier had sold the product in their retail outlets for the last six months far £299.97: they sent a photograph of a VCR/DVD Recorder with a price ticket for £299.97 as substantiation for that.  They said the product had been offered by three online retailers, including by their supplier, for £299.99 and they provided the internet links to those sites.

Assessment

1. Upheld

The ASA noted there were two similar products with different specification numbers: the DF4500 and the DF450IP.  We understood that the DF450IP was more expensive and noted one of the images used in the ad seemed to be of the DF450IP with an additional I-Link feature.  We considered that the model in the ad did not appear to be the same as the model in the photograph that TOS had supplied as substantiation.  Because of this, we considered that they had not shown which model they had advertised and which model their customers actually received.  We therefore concluded that the ad breached the Code.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Misleading advertising) and 15.5 (Prices).

2. Upheld

We noted, of the three internet retailer sites provided by TOS, one offered what appeared to be the same product for £299.99; the second for £199 and the third was not an online retailer site but a demonstration of retailer software.  We understood from our own research that both models were generally offered for sale at less than £200.  We were concerned that TOS were unable to show that £299.99 was a price at which the products were generally sold, or anything other than a notional price at which the products were rarely, if ever, sold.  Because TOS had not shown that the ad highlighted genuine savings available to consumers, we concluded that it was misleading.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Misleading advertising) and 15.5 (Prices).

Action

The ad should not be repeated.

Adjudication of the ASA Council (Non-broadcast)