ASA Adjudication on Boots Opticians Ltd

Ad

A leaflet, for Boots Opticians, stated “free eye examination or we’ll refund the cost of your examination by another optician if you buy a complete pair of glasses or contact lenses … Terms and conditions of offer A current prescription and receipt will be required as proof of purchase. There is no cash alternative or refund for an NHS eye examination permitted with this offer. The maximum refund is £20. One free eye examination per person subject to availability of appointment. Offer valid for a limited period only. Please see date on the front of this voucher. Voucher must be presented at time of purchase.”

Issue

The complainant thought the claim "free eye examination or well refund the cost of your examination by another optician if you buy a complete pair of glasses or contact lenses" was misleading because it did not make clear that, although the money would subsequently be refunded, the eye examination at Boots had to be paid for upfront.

CAP Code (Edition 11)

Response

Boots said the material was a voucher, not a leaflet, which had been in existence for several years and was handed out in stores; this was the first complaint they had received.  They said they had nevertheless decided to change its wording to state "free eye test if you buy a complete pair of glasses or contact lenses.  Well even refund the cost of your eye test by another optician".  They had also decided to add the statements "To qualify for this refund, the voucher must be presented within 28 days of your eye test" and "The cost of the eye test will be refunded at the point when glasses or contact lenses are purchased" to the terms and conditions.  They submitted a copy of the amended voucher.

They argued that people who had an eye test at Boots often bought glasses or contact lenses at the same time so would be refunded almost immediately.

Assessment

Upheld

Because the cost of the eye examination would be refunded, the ASA considered it was acceptable to describe it as free.  However, we considered that the leaflet's wording was confusing and was likely to be interpreted as suggesting that eye examinations with Boots would be free, with no upfront payment, but that the cost of an examination by another optician would be refunded.  However, we understood that upfront payment was required for an eye examination at Boots.  Although we acknowledged that some customers would buy glasses or contact lenses at the same time as having an eye test, we considered others might not have time to choose glasses or frames at that point, so might end up receiving their refund weeks after they had paid for the Boots eye test.  We concluded that the wording of the leaflet was likely to mislead consumers and that consumers liabilities for costs had not been made clear.

Although we appreciated Boots' efforts to amend the leaflet, we considered the amendments did not go far enough.  The claim "free eye test if you buy a complete pair of glasses or contact lenses.  We'll even refund the cost of your eye test by another optician" was ambiguous and could still suggest that the cost of an eye test by another optician would be refunded but an eye test with Boots required no upfront payment.  We noted Boots had added the condition "The cost of the eye test will be refunded at the point when glasses or contact lenses are purchased" but considered that could be seen as referring to eye tests by opticians other than Boots.  We concluded further amendments were necessary.

The leaflet breached CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales promotion rules - Introduction), 32.1 (Free offers and free trials) and 34.1a (Significant conditions for promotions).

Action

We told Boots to make further amendments to the leaflet and suggested the wording "Free eye test if you buy a complete pair of glasses or contact lenses.  We will refund the cost of your Boots eye test and will even refund the cost by another optician".

Adjudication of the ASA Council (Non-broadcast)