ASA Non-broadcast Adjudication: David Lloyd Leisure

Complaint

Esporta Group Ltd objected to a national press advertisement, for health and fitness clubs, headlined "feel closer". It showed a young child asleep on her father''s shoulder and claimed "David Lloyd Leisure has ... more activities, programmes and facilities for families and children than any other health and fitness group". The complainants, who believed the number and range of their activities and facilities were at least equal to those of the advertisers, challenged the claim.

CAP Code

Adjudication

Complaint upheld

The advertisers said the claim was based on the total group performance and the number of activities they provided in the total group; they said they were a larger chain than the complainants, with 70,000 more members and more facilities for families and children. They asserted that they ran the largest junior tennis programme in Europe and had more than 12,000 juniors swimming in their weekly swimming programme. They pointed out that, unlike many other gym chains, their clubs often had both cr裨es and nurseries and an extra splash pool for children and "Family Activity Co-ordinators"; they said they had been voted "Most parent friendly gym chain" by Tommy''s, the baby charity. The advertisers said their "Club Lounges" had children''s menus, free internet access and colourful soft play areas as standard. They sent details of their activities, programmes and facilities for families and children at ten clubs around the country.

The Authority noted the advertisers had sent extensive evidence for their range of child and family-orientated programmes, activities and facilities. It was concerned, however, that they had not sent robust comparative evidence that described the facilities offered by their competitors in the same detail. The Authority noted the range of activities, programmes and facilities varied at both the advertisers'' and complainants'' clubs around the country and considered that, although the advertisers had shown their range of activities, programmes and facilities were superior to the complainants'' in some clubs, they had not shown it was superior overall or superior to other competitors. The Authority considered that readers were likely to infer from the claim "David Lloyd Leisure has ... more activities, programmes and facilities for families and children than any other health and fitness group" that the advertisers offered more family and children''s activities than competitors at both group and individual club level. It concluded that the advertisers had not proved that and told them not to use the claim until they could substantiate it. The Authority advised the advertisers to seek help from the CAP Copy Advice team in future.