ASA Adjudication on BHM Ltd

Ad

A circular, which looked like a handwritten note on a compliment slip for Ben’s Gutters, stated “Hello, We are cleaning your close neighbours gutters over the next few days. Maybe you would like yours cleaned too. Please call me on 07XXX XXXXX for an estimate. Best regards Ben.” Small print at the bottom of the ad stated "Nationwide Operations, Head Office” and gave their address in West Sussex.

Issue

The complainant objected that the ad was misleading because it implied it was a handwritten note from a small local company, rather than a circular from a large national company.

CAP Code (Edition 11)

Response

BHM Ltd, trading as Ben's Gutters stated the leaflet had recently been changed to say "we are available to clean gutters in your area over the next few days".

Assessment

Upheld

The ASA noted that the ad looked like a handwritten note on a compliment slip, and included a personal signature.  We considered that the appearance of the ad was personalised and familiar and that some people would therefore understand that Bens Gutters were a small local firm who were working for, or had been recommended by, readers' close neighbours.  We understood that, although Bens Gutters did carry out work in the areas where the leaflet was distributed, they were not a small, locally-based business, but a national firm that carried out guttering work throughout the country.

Because we considered that the combination of the handwriting, the compliment slip and the reference to "your close neighbours gutters" was likely to suggest to readers that the ad was from a small local business and that their neighbours had used and/or recommended the firm, we concluded that the ad was likely to mislead.

The ad breached CAP Code clause 7.1 (Truthfulness).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)