ASA Adjudication on Rutex Ltd

Ad

A circular for a clothing collection company stated “Clothing collection. Can you spare your old unwanted clothes. Not everyone and especially young families can afford to buy new, often expensive clothes, shoes and household things. We would be grateful if you could kindydonate [sic] your unwanted LADIES & MENS. CHILDREN clothing [sic] Also curtains, towels, handbags, soft toys & paired shoes. … Our company provides jobs in the sorting of clothes for distribution. It provides business for the UK expert and transport companies. It provides employment for the UK factories grading the clothes and people collecting the bags door to door.’ Small print stated “Many Thanks from RUTEX LTD … Company Reg. No 689XXXX.”

Issue

The complainant objected that the ad was misleading because it implied that Rutex was a charity.

CAP Code (Edition 11)

Response

Rutex did not respond to our enquiries.

Assessment

Upheld

The ASA was concerned by Rutexs 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.

We noted the ad did not make clear that clothing collected was sold for profit and considered that the claim "Not everyone and especially young families can afford to buy new, often expensive clothes, shoes and household things.  We would be grateful if you could kindydonate [sic]" misleadingly implied that Rutex was a charity.

The ad breached CAP Code clauses 2.2 (Social responsibility); 2.6 (Non-response) and 7.1 (Truthfulness).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)