ASA Adjudication on Cross Hearing

Ad

A national newspaper ad for the Ampli-Ear was headlined "Hear Like Never Before". Smaller text beneath stated "Try Ampli-Ear RISK FREE! ... Now direct from the manufacturer to YOU! ONLY £17.95 The Nation's Very Best! ... Hear the QUIETEST whispers ... Listen to the FAINTEST phone conversations ... Watch TV with the volume on LOW ... CLEARLY hear conversations in a crowded room ... Mega value - Not £500 or more as for other devices - only £17.95 direct from the manufacturer!"

A panel on the left-hand side of the page contained six testimonials: "My husband's habit of losing aids (at £800 a piece) is now solved as he likes your device just as well ... Yesterday afternoon my husband's Ampli-Ear arrived and he loves it. The difference in his hearing is remarkable ... I have ordered other hearing devices for my father but they didn't work for him. The Ampli-Ear is what he has been searching for ... These are very good! ... I purchased two Ampli-Ears because it didn't cost an arm and a leg. What I did not expect at that price - the darn things work! ... ".

Issue

1. A complainant, who had seen a different product advertised using the same testimonials, challenged whether they  were genuine.

2. The ASA challenged whether the ad was misleading because the claims "Hear like never before ... Hear the QUIETEST whispers ... Not £500 or more as for other devices" strongly implied the Ampli-Ear could alleviate hearing loss and functioned as a hearing aid.

CAP Code (Edition 11)

Response

1. Cross Hearing said the testimonials used in the ad were genuine and sent signed and dated letters from which the testimonials were taken.  

2. Cross Hearing said they did not believe the ad implied the Ampli-Ear functioned as a hearing aid. They said "Hear like never before" was an acceptable claim because the device amplified sound.  They acknowledged that the claim "Hear the QUIETEST whispers" was problematic. They said they would change it to "Hear whispers".  They said the claim "Not £500 or more as for other devices" was a statement of fact. They said that, although the large hearing aid companies in the UK would not provide them with any meaningful data to make a comparison, the manufacturer had assured them the Ampli-Ear's performance was comparable to other devices on the market that sell for much higher prices.

Assessment

1. Not upheld

The ASA acknowledged that the signed and dated letters sent by Cross Hearing showed the testimonials were genuine.

On this point we investigated the ad under CAP Code clauses 14.1, 14.2 and  14.4 (Testimonials and endorsements) but did not find it in breach.

2. Upheld

We noted Cross Hearing's assertion that the ad did not imply the Ampli-Ear performed the same function as a hearing aid. However, we considered that the claims "Hear like never before", "Hear the QUIETEST whispers" and "Not £500 ... " implied the Ampli-Ear's performance was comparable to a hearing aid, and that the product could alleviate hearing loss. Because Cross Hearing did not send technical information to support that claim, and the Ampli-Ear was not a registered medical device like a hearing aid, we concluded that the ad exaggerated the benefits of the product and was misleading.

On this point the ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

The ad should not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)