ASA Adjudication on C. O. RAPHAEL
C. O. RAPHAEL t/a
The Circle of Raphael
22 Helligan House
Pentewan
St Austell
PL26 6EN
Date:
18 August 2010
Media:
Magazine
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
127351
Ad
A magazine ad, for The Circle of Raphael, was headed "THE TALISMAN OF THE SEVEN ANGELS CREATED TO BRING IT'S OWNER ANGELIC BLESSINGS, GUIDANCE & PEACE". Text stated "... [The Angels] promised they would view its wearing as an invitation to befriend its owner and bless them with the gift of Angelic good fortune, friendship, guidance and divine protection from all real danger, both physical and spiritual ... This incredible Angelic item has proved it can create fantastic results for its owners instantly ... From the moment you receive it, you will have seven Angelic friends watching over and protecting your life. Numerous doors to opportunities and good fortune that you may have once thought were out of your reach will be flung open - like magic ... Each angel will bless its owner with the following ... The gift of inner peace and happiness ... Divine protection and safety in all travel ... Luck in love and relationships ... Financial security and good health ... Protection from all acts of violence ... Good fortune in games of chance ... Angelic help in career and work matters ... [wearers] will also see their whole life significantly changed for the better in the flash of an eye ...".
Issue
A reader challenged whether the claims that the talisman would protect the wearer from physical danger, bring luck in love and relationships, financial security, good health and happiness, good fortune in games of chance and help in career and work matters were misleading and could be substantiated.
CAP Code (Edition 11)
Response
Circle of Raphael (CoR) said the talisman was from the Hebrew religious viewpoint and the ad appeared in a magazine that dealt with alternative religious views. They argued that they had sold thousands over the years and the complaint was the first one that they had received. They said they had numerous letters and e-mails from customers who agreed the talisman had done exactly what was claimed in the ad. Nonetheless, if a customer decided for whatever reason that they no longer wanted the talisman, CoR said it could be returned under their 60-day money back guarantee for a full refund. They believed they were the only advertiser of religious items to offer such a money back guarantee. CoR said the ad had been accepted by the magazine and therefore they did not believe that it had breached the CAP Code.
Assessment
Upheld
The ASA noted CoR did not send evidence that showed the efficacy of the talisman. We reminded them that the CAP Code required them to hold documentary evidence to support the claims made in their advertising. Because we had not seen evidence that demonstrated that the talisman would protect wearers from physical danger, bring luck in love and relationships, financial security, good health and happiness, good fortune in games of chance and help in career and work, we concluded that the claims had not been substantiated and the ad was therefore misleading.
The ad breached CAP Code clauses 3.1 (Substantiation), 6.1 (Honesty) and 7.1 and 7.2 (Truthfulness).
Action
The ad must not appear again in its current form.
Adjudication of the ASA Council (Non-broadcast)