ASA Adjudication on Skyefish

Ad

A leaflet, for MV Stardust boat trips on the Isle of Skye, offered sea eagle feeding.

Issue

Brigadoon Boat Trips challenged whether Skyefish could substantiate the claims:

1. "Established 1998", because they believed MV Stardust had been established for only three years;

2. "the original", because their business, which offered similar trips, had been in operation for 12 years; and

3. "the crew of the MV Stardust pioneered the feeding of the White Tailed Sea Eagle" because eagle feeding trips had been available with Brigadoon Boat Trips for 12 years.

CAP Code (Edition 11)

Response

1. Skyefish said they operated the MV Stardust and, as a company, were established prior to 1998.

2. & 3. Skyefish said the claim 'original' related to the fact that they had been the first to advertise sea eagle trips. They attached a picture of the complainants' business signage and pointed out that Brigadoon Boat Trips had not advertised the sea eagle trips over the past few years. Skyefish added that they used the term 'pioneered' because the trips were operated in a unique manner.

Assessment

1. Upheld

The ASA noted Skyefish's assertion that they, as a company, had been established prior to 1998.  We considered, however, that they had not sent evidence to show that they had been operating boat trips since 1998.  Nonetheless, we also considered that the ad did not make clear that the MV Stardust had not been operated by Skyefish since that time and that the claim related to the parent company. Because readers were likely to believe that the claim related to the MV Stardust, we concluded that the ad was likely to mislead.

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

2. & 3. Upheld

We noted Skyefish's assertion that their sea eagle trips were unique and that because Brigadoon Boat Trips had not advertised similar trips, they could make the claims.  We considered, however, that readers were likely to infer from the claims that Skyefish sea eagle trips had been established before Brigadoon Boat Trips. Because Skyefish had not sent adequate substantiation for the claims, we concluded that they were likely to mislead.

On these points, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

Action

We told the advertisers not to make the claims again.

Adjudication of the ASA Council (Non-broadcast)