ASA Adjudication on Olympian Windows

Ad

A circular, for Olympian Windows, was headlined "PUBLIC NOTICE". Text stated "Grants are now available for the replacement of wood, metal and old uPVC windows and doors that do not comply with new Government Building Regulations. The Grants are not Council grants and so are not income related but are based on the condition of your windows or doors. Funds are limited so for more information or to arrange a free survey telephone David Hayman on ... or visit www.Olympianwindows.co.uk ..."

Issue

The complainant objected that the headline "PUBLIC NOTICE" misleadingly implied that the ad was for official grants.

CAP Code (Edition 11)

Response

Olympian Windows said the term "Public Notice" was not copyrighted by any Government or Local Authority body.  They said that in order to avoid any doubt about the identity of who was providing the grants, they had added the sentence "The Grants are not Council grants".  They believed the terms of the grant were made clear in the ad and disputed that it was misleading. Olympian Windows maintained that they had been distributing the leaflet for 15 years to thousands of addresses and had only received two complaints during that time.  They explained that the grants were real and had helped hundred of customers.

Assessment

Upheld

The ASA considered that, although the terms of the grant were clarified in the body copy, the ad did not make sufficiently clear that it was  a marketing communication.  We concluded that the headline 'Public Notice' along with the overall presentation of the ad misleadingly implied that the grant was linked to a public authority.

The ad breached CAP Code clauses 7.1, 7.2 (Truthfulness) and 22.1 (Recognising marketing communications and identifying marketers).

Action

The ad should not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)