ASA Adjudication on IT-Solution Ltd

Ad

A website promotion was headlined "BOFFER FREEBIE - THE USB FORNICATION OPTIMISER". Text stated “Here at boffer we love our customers. The only complaint we have is we don’t have enough of them. We would be delighted if there were more of you. We have tried all the usual methods to get even more ‘loyal customers’. Sell stuff cheap, ask our current customers to recommend a friend. Although the results have been good they haven’t been extraordinary. Since kidnapping people and forcing them to buy stuff off us is a bit extreme. We have decided that you guys will have to help us by manufacturing new customers. You … yes… you need to have more children!!! Since cloning is a grey area we are going to do it the old fashioned way … we have teamed up with The Shenzen Cattle Breeding Company to launch by way of a freebie (that's right at no cost to you) a Brand new product ... We bring you THE USB FORNICATION OPTIMIZER. Q) What does it do? It helps reduce the time it takes to conceive your baby. Nearly all couple who [sic] conceive do so as a result of having intercourse during the six days leading up to and including ovulation ... The USB Fornication Optimizer is the first and only technology based solely on hormone monitoring that provides you with personalized daily fertility for pregnancy planning … 1. Displays your most fertile days unmistakably. 2. Identifies your personal level of fertility every day. 3. Tells you which days to test … The process starts off much like most such tests. You pee on the stick. Take the end of the stick and put it into the USB Fornication optimizer. When the light goes blue on the optimizer, Plug it in to the USB port on your PC. The inbuilt software displays a graph of the best days to try and conceive … Condition: Remanufactured by the Shinzen Cattle Breeding Company … Disclaimer: This product was originally produced for cattle the manufacturer assures us, that with their modifications it will now work on humans. We can take no responsibility whatsoever if it doesn't. Your statutory rights are not affected. Important Note: Please ensure you read your order confirmation email once you have ordered this product."

Issue

1. Four complainants objected that the promotion was misleading because it was not clear that it was not a genuine offer.  When they registered with the site and ordered the product they were sent an e-mail that stated that the "freebie" product was a joke, and offered free postage on future orders instead.  

2. Three complainants objected that the "joke" promotion was offensive and insensitive to people who were having difficulty in conceiving a child.

CAP Code

Response

1.   Boffer.co.uk (Boffer) said the promotion was a joke intended to "rick roll" respondents.  That meant a link was disguised to redirect users to an online video, at the end of which a code was provided to obtain free postage on future orders.  They highlighted the text in the ad that began Here at boffer we love our customers.  The only complaint we have is we dont have enough of them ..." and believed it was clear that everything about the product was a joke but, for the avoidance of doubt, they had included the text "Please ensure you read your order confirmation email once you have ordered this product".  The confirmation e-mail stated We have decided to upgrade your order for a free USB Fornication Optimizer for something much better have a look here"; a link appeared below.  They felt their target audience, who were 18 to 30 years of age and technologically aware, were unlikely to have been misled into thinking the product was genuine and, in any case, no respondents had suffered any financial loss because it was designed as a free promotion.   

2. Boffer said the webpage hosting the promotion had 22,000 hits within a few hours of its launch.  They said they catered to a cult audience and adopted a humorous marketing style, where the descriptions openly mocked the product, Boffer or the consumer; at the time the promotion appeared it was available only to certain members of their forums.  They provided examples of their other marketing material and said they accepted that the subject matter in question was sensitive for a minority of readers; they regretted any offence the promotion had inadvertently caused.

Assessment

1.   Not upheld

The ASA considered that the references in the ad to kidnapping people and forcing them to buy stuff, cloning being a grey area and the invitation for readers to help Boffer manufacture new customers made clear that the offer of a USB Fornication Optimizer was a spoof.  We considered that the target audience, who had visited the site before, were likely to be aware of its humour; they were therefore unlikely to be misled into believing that Boffer were offering a free fertility monitor.  We concluded that the ad was unlikely to mislead.    

On this point, we investigated the ad under CAP Code clauses 3.4 (Substantiation and 7.1 (Truthfulness) but did not find it in breach.

2.   Not upheld

We noted the promotion was intended as a joke targeted at Boffers members and that a USB Fornication Optimizer was not genuinely available.  We acknowledged the ad might be considered by some to be in poor taste but considered it was appropriately targeted at those who, having visited the site before, were likely to be aware of the nature of its humour.  We concluded it was unlikely to cause serious or widespread offence.  

On this point, we investigated the ad under CAP Code clause 5.1 (Decency) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)