Background
Summary of Council Decision:
Two issues were investigated of which two were Upheld.
Ad description
A website, Wardlespas.co.uk, for hot tubs and spas, viewed in November 2011, featured the logos from BISHTA and Jacuzzi.
Issue
BISHTA challenged whether:
1. the use of the BISHTA logo was misleading, because Wardle Spas were no longer a member of BISHTA; and
2. the use of the Jacuzzi logo was misleading, because they did not have permission to use it.
Response
Wardle Spas advised the ASA over the telephone that the company had gone into administration in 2011. They did not respond in writing.
Assessment
1. & 2. Upheld
The ASA noted that Wardle Spas had advised us that the company had gone into administration; however, we understood that the website was still running. Because Wardle Spas did not send evidence to show that they were a member of BISHTA and had permission to use the logos, we concluded that the use of both logos 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 3.50 3.50 Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation. (Endorsements and testimonials).
Action
The ad must not appear again in its current form.
