ASA Adjudication on Hidden Hearing Ltd

Ad

A direct mailing promoted a free hearing aid sample. Text stated "Claim a FREE working hearing aid sample Yes, you or anyone in your family may now benefit from this remarkable new opportunity". Further text stated "FREE - 10,000 working samples to be given away ... if you are over the age of 55 and have a mild, moderate hearing loss you may claim one of 10,000 Instant Ear post aural aids we have allocated to this national campaign. Apply today to receive your Instant Ear voucher ... Claim your free aid - today! ... To apply for a free sample aid for you or anyone in your family - just return the slip below (no stamp required) ... ". At the bottom of the page the cut-out slip stated "Please post me absolutely free and without obligation details of the special pensioners hearing aid and the FREE SAMPLE AID for better hearing."

Issue

The Hearing Aid Council challenged whether the ad was misleading in implying the aid was provided free and without obligation, because when they contacted Hidden Hearing to take up the offer they were told they were obliged to attend a consultation with a registered hearing aid dispenser before the aid would be provided.

CAP Code (Edition 11)

Response

Hidden Hearing Ltd (Hidden Hearing) said no one who responded to the ad was charged for a free hearing aid sample.  They emphasised that they included a freepost reply coupon and a freephone number in the ad.  They said supply of the product was not conditional on the supply of other items.  They said they did not charge for the consultation or hearing test provided to clients.

Assessment

Upheld

The ASA noted Hidden Hearing's argument that the free hearing aid sample was provided without obligation because the hearing aid test was free and there was no obligation to buy a more sophisticated device.  However, we considered that the hearing aid test or consultation represented an obligation, regardless of whether or not they were provided for free, particularly because there was no requirement under the Hearing Aid Council Act 1968 for the respondent to undergo a consultation or hearing aid test before receiving a free sample hearing aid.  Because Hidden Hearing did not send evidence to show that readers had been able to take up the offer of the free hearing aid without having to have a consultation or free hearing aid test, we concluded the ad was misleading.

The ad breached CAP Code clauses 6.1 (Honesty), 7.1 (Truthfulness) and 34.1a (Promotions).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)