ASA Adjudication on TASC Environmental Services Ltd

Ad

A radio ad for TASC Environmental Services Ltd (TASC) stated, “Every year three and a half thousand people die from Asbestos related diseases. Anyone using your premises drilling or sawing, disturbing deteriorated or damaged asbestos - is at risk. If you don’t get a MDHS 100 standard survey, as required by law, you’re at risk - of a £20,000 fine per building. If you’re responsible for building maintenance, workplaces or blocks of flats - you must contact TASC for your free initial consultation. Call 08456 XXX XXX - or visit...”

Issue

Hartlepool Trading Standards objected that the ad was misleading because it gave the impression building owners must contact TASC, when the legal requirement was to survey for asbestos, not to do so through a particular company.

BCAP Radio Code

Response

Metro Radio said that the word 'must' could be seen to have an ambiguous meaning, depending on the intonation used, implying either a command or simply an urgency. They nevertheless accepted that the ad may have unintentionally breached the advertising Code. They apologised and said an internal communication problem was responsible.

Assessment

Upheld

The ASA considered that, in the context of the rest of the ad, the voice-over stating "If youre responsible for building maintenance, workplaces or blocks of flats - you must contact TASC for your free initial consultation" was likely to mislead listeners into believing they were obliged to contact the advertiser in relation to asbestos surveying, when that was not the case.

The ad breached CAP (Broadcast) Radio Advertising Standards Code rules 2-3.1 (Misleading advertising: general) and 2-3.2 (Misleading advertising: pressure to purchase).

Action

The ad must not be broadcast again in its current form.

Adjudication of the ASA Council (Broadcast)