ASA Adjudication on Character Options Ltd

Ad

A TV ad, for a toy ice-cream parlour, showed children eating from full cups of ice cream and using the product to make the ice cream. They assembled the toy, added the ingredients, and ice cream was shown pouring into a cup as one of the children turned the handle.

Issue

The complainant challenged whether the product worked as advertised, because he had bought it and did not achieve the results shown.

BCAP TV Code

Response

Character Options said they had advertised the product on TV regularly over the past 12 months. During that time, and the 18 months in which they had sold the product through a number of major retailers, they had not had any major quality issues or complaints that the ice-cream parlour did not function as suggested. They said if the user followed the instructions included with the product they could make up to three cups of ice-cream; additional ice-cream could be made using an additional ingredients mix. They said their own research had shown the product was very much enjoyed by consumers and they believed major retailers would not stock the ice-cream parlour if it did not adhere to acceptable customer requirements. Character Options submitted a video that showed the product in use.

Clearcast said they spent considerable time testing toys to ensure ads did not exaggerate their attributes; they had tested the ice-cream parlour and were satisfied that it worked.

Assessment

Not upheld

The ASA tested the product following the instructions in the box. We were concerned that the complainant had been unable to achieve the results shown in the ad but considered the product produced ice cream and did so in sufficient quantities to pour into the cup as the handle was turned. We concluded that the ad was not misleading.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1 (Misleading advertising), 5.2.1 (Evidence) and 5.2.2 (Implications) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)