ASA Adjudication on SWREG Inc

Ad

An e-mail, for computer software, stated "A special offer from SWREG and WCCL Reach your goals, change your life, achieve your dreams! WCCL Network and SWREG have joined together to bring you a special offer on two products that have the power to change your life. Brain Bullet - the ultimate brain power development software automatically motivates, empowers, and re-educates your mind … ".

Issue

The complainant challenged whether the claim "Brain Bullet - the ultimate brain power development software automatically motivates, empowers, and re-educates your mind ... " could be substantiated.

CAP Code (Edition 11)

Response

SWREG did not respond to the ASA's enquiries.

Assessment

Upheld

The ASA was concerned by SWREG's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response).  We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.

Because SWREG did not provide evidence to show that the Brain Bullet software package could motivate, empower or re-educate the mind, we considered that their claims had not been substantiated and concluded that the ad was misleading.

The ad breached CAP Code clauses 2.6 (Non-response), 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

The ad must not appear again in its current form. We asked CAP to advise its members of the problem with SWREG.

Adjudication of the ASA Council (Non-broadcast)