ASA Adjudication on Amplifon

Ad

An insert in the national press was headed “FREE PERSONAL/T.V AMPLIFIER to enquirers with hearing difficulty. Part of the National Campaign for Better Hearing”. The body copy stated “Now enquirers for the new Digital Ear IV hearing capsule can receive a FREE personal sound amplifier ... 5000 TO BE GIVEN FREE TO KEEP This Personal/T.V. Amplifier will be given free to keep … without obligation* … ”. The asterisk was linked to small print that stated “A hearing test is recommended if you experience hearing difficulty”.

Further text stated “There is no obligation or need to purchase and all genuine enquirers will be delighted with this free offer which is part of the National Campaign for Better Hearing … This offer is available until stocks of the free amplifier are exhausted”. At the bottom of the page a reply slip stated “Please arrange to post to me by return and without obligation, details of the Digital Ear IV hearing capsule.” Small print stated “National Campaign for Better Hearing T/S Amplifon Ltd”.

Text on the reverse stated “PERSONAL AMPLIFIER FREE TO KEEP … Our National Campaign for Better Hearing Offer of 5000 FREE personal amplifiers is a once only opportunity …”.

Issue

The Hearing Aid Council challenged whether the ad was misleading because:

1. it stated "without obligation", but when they contacted the advertiser they were told a consultation was required before the free item could be claimed;

2. they did not believe the offer was limited to 5000 Personal Sound Amplifiers, but that they were available to anyone with any diminished hearing; and

3. the references to the "National Campaign for Better Hearing" implied the advertiser was a not-for-profit, campaigning organisation, when in fact it was a trading name of a commercial company.

CAP Code (Edition 11)

Response

1. Amplifon said it was their policy to provide the amplifiers free and without obligation.  They said their branch managers, telemarketing operators and branch coordinators had been instructed in that policy and sent a copy of the script used in telephone enquiries. They sent internal documents that showed just over 11% of amplifiers had been given out without a hearing test.  However, they acknowledged that there might be occasions where an employee did not follow company policy and if they were provided with the relevant details they would investigate further.

2.  Amplifon sent a copy of the invoice from the supplier of the amplifiers that showed they had ordered 5000 devices.

3. Amplifon said "National Campaign for Better Hearing" was a trading name that had been in use for 29 years. They said the text "National Campaign for Better Hearing T/S Amplifon Ltd" was printed clearly on the insert.

Assessment

1. Not upheld

The ASA reviewed the evidence sent.  We noted that just over 11% of Amplifions customers received the amplifier but did not have a hearing test.  We noted that the script Amplifon employees worked to when dealing with telephone enquiries suggested they state that a hearing test was strongly recommended to assess the level of hearing loss, but not that it was an obligation.  Although we accepted there might be instances where an Amplifon employee said the hearing test was necessary, rather than recommended, because the evidence showed that over 11% of respondents had received amplifiers without undergoing a hearing test, we considered the test was not an obligation.  We therefore concluded the claim "without obligation" was not misleading.

On this point we investigated the ad under CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness) but did not find it in breach.

2. Not upheld

We accepted the invoice showed Amplifon had ordered 5000 of the devices and concluded they had substantiated their claim that they had 5000 amplifiers to give away.

On this point we investigated the ad under CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness) but did not find it in breach.

3. Upheld

We noted Amplifon's assertion that the text "National Campaign for Better Hearing T/S Amplifon Ltd" made clear they were a commercial company. However, because the ad stated in the headline text and in the body copy on both sides that the amplifier was being given away free as part of the "National Campaign for Better Hearing", we considered it implied the advertiser was a campaigning organisation.   We did not consider that the small print "National Campaign for Better Hearing T/S Amplifon Ltd" was sufficient to make clear that that was not the case.  We therefore concluded the ad was misleading.

On this point the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 and 7.2 (Truthfulness) and 27.4 (Promotions).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)