ASA Adjudication on E.S.T. & Partners Ltd
E.S.T. & Partners Ltd
227 Phillip Lane
London
N15 4HL
Date:
28 July 2010
Media:
Circular
Sector:
Non-commercial
Number of complaints:
1
Complaint Ref:
123984
Ad
A circular was headlined “CLOTHING COLLECTION … E.S.T. & Partners Ltd … Reg. NO: 6841131 … Registered in England & Wales … " Text continued "You help those who need your help … Dear Householders We appreciate donations of quality: Ladies, Gents & Children’s clothing, shoes, Handbags, Belts, Bath & Hand towels, Linen & Curtains, Cosmetics, Toiletries & Perfumes, Cuddly toys, Bedding, Blankets, Underwear, Jewellery, Mobile phones … Thank you for your support”.
Issue
A reader objected that the ad misleadingly implied the company was a charity, when she did not believe that to be the case.
CAP Code (Edition 11)
Response
E.S.T & Partners Ltd (EST) did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by ESTs 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 obligations under the Code and told them to respond promptly in the future.
Because we had not seen evidence to show that EST was a registered charity, we concluded the claim "Reg. NO: 6841131 ... Registered in England & Wales ... You help those who need your help ..." was likely to mislead, by giving that impression.
The ad breached CAP Code clauses 2.6 (Non-response), 3.1 (Substantiation), 7.1 and 7.2 (Misleading advertising).
Action
The ad must not appear again in its current form.
Adjudication of the ASA Council (Non-broadcast)