Ad description
An e-mail, delivered on 18 August 2011, had the subject line "Claim your Free LED Reading Light!". The e-mail was headed "FREE! FREE! FREE!". Text below this stated "Claim your FREE LED Booklight". The e-mail featured a picture of the LED Booklight above a link that stated "SHOP NOW". Below this the e-mail featured several other products on offer and their prices.
Issue
The complainant, who had followed the link on the e-mail but was unable to take advantage of the free LED Booklight offer, challenged whether the e-mail was misleading.
Response
Shop at Home Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA were concerned by Shop at Home Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We noted that there were no instructions in the e-mail or on the website for how to claim the free LED booklight. We also noted that by following the link in the e-mail and arriving on the website there was no mention of the offer. Because the advertiser had failed to explain how or if it was possible to attain the free LED booklight, we concluded that the ad was misleading.
The ad breached CAP Code (edition 12)
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free).
Action
The ad must not appear again.
We referred the matter to CAP Compliance team
