ASA Adjudication on Associated Newspapers Ltd
Associated Newspapers Ltd t/a
The Mail on Sunday
Northcliffe House
2 Derry Street
London
W8 5TT
Date:
11 February 2009
Media:
National press
Sector:
Publishing
Number of complaints:
2
Complaint Ref:
77742
Ad
A national press promotion offered a 'free' home energy monitor. Readers had to call a premium rate telephone number to get a promotion code that was required to complete the claim form for the monitor.
Issue
Two complainants objected that the use of the term 'free' was misleading, because they had to pay a premium telephone call rate to claim the home energy monitor.
CAP Code (Edition 11)
Response
Associated Newspapers said they used a premium rate telephone line to capture data for the respondent's name and address. They maintained that it was necessary to ensure that they could fulfil all the orders. They pointed out, however, that the service was charged at the lowest tariff available of 30p. Associated Newspapers said, although they suggested that readers called the premium rate number, they did not state that the reader "must" call it. They believed readers would understand that the premium rate number was optional and pointed to the free phone number on page two of the newspaper. They said participants had the option of calling their helpline, if they did not wish to call the premium rate telephone number.
Assessment
Upheld
The ASA noted the ad stated "Simply phone our special hotline on 0904 063 0525 ... and then collect THREE tokens ..." We noted the ad did not refer to another entry route for the promotion. We therefore considered that readers were likely to understand that the premium rate telephone entry route was the only route to participate in the promotion. Because the premium rate telephone charge went beyond the minimum, unavoidable cost of responding to the promotion, we concluded that the use of the term 'free' was likely to mislead.
The ad breached CAP Code clauses 7.1 (Truthfulness), 27.4 (Sales Promotion Rules) and 32.5 (Free offers and free trials).
Action
The ad must not appear again in its current form. We told Associated Newspapers not to refer to the home energy monitor as 'free' in future promotions.
Adjudication of the ASA Council (Non-broadcast)
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