ASA Adjudication on ecigsbrand.com
9330 LBJ Freeway
17 October 2012
Internet (on own site)
Number of complaints:
A website, www.ecigsbrand.com, stated, "Claim Your Exclusive E-Cig Starter Kit ... ACT NOW, SUPPLIES ARE LIMITED!".
A complainant challenged whether the ad was misleading, because it did not make clear that consumers would incur charges if they did not cancel within 15 days.
CAP Code (Edition 12)
Ecigsbrand (e-cigs) said they took several steps to ensure customers were aware of the ongoing financial commitment unless they cancelled within 15 days. This was disclosed before the customer entered payment details, after purchase was confirmed, in a welcome e-mail, which included a UK customer service telephone number; the package slip also included this information. Additionally, within the package a brochure and membership card stated the ongoing membership and if a customer missed this information, they offered a no hassle refund.
The advertiser also said that most customers understood that a premium electronic device and the accessories which were sold in a high quality, custom designed hard case box, could not be manufactured, shipped to them and supported with warranty for the trial price, and so customers would have assumed an ongoing element of the purchase.
We concluded that, because the promotion home page omitted significant information that made it clear additional charges would be incurred if consumers did not cancel, the promotion was misleading.
The ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising), 3.17 (Prices), 3.23 (Free) and 8.17.1 (Significant conditions for promotions).
The ad must not appear in its current form. We told e-cigs to ensure significant financial commitments were clearly stated in their promotions.