Ad description
A website ad on 20 and 22 July 2011, advertised a webinar by Adam Ginsberg. Text stated "In less than one year, he became the #1 seller in the Sports Category, and then was named eBay's #1 new seller in 2002. He now moves around a million dollars of merchandise on eBay every month. His eBay business is projected to exceed $15,000,000 this year, his feedback satisfaction score is 99.6%, and he is a Titanium Power Seller, eBay's highest status ...".
Issue
Two complainants objected whether the claims in the ad were misleading and could be substantiated.
Response
Success Resources UK Ltd (Success Resources) said they would remove the claims from their website but did not provide substantiation for the claims.
Assessment
Upheld
The ASA welcomed Success Resources' willingness to amend its website. However, we noted we had not seen evidence to support the claims for Adam Ginsberg's eBay activities, or even that he had agreed to the webinar, and therefore concluded the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
Action
The ad must not appear again in its current form.
