Ad description
An ad, in "RH10 Uncovered", a regional magazine, for hair removal treatments, featured text which stated "The Crawley Clinic Need to get rid of unwanted hair growth then try the real laser hair removal NOT IPL". The ad also included a list of reduced prices. Further text stated "No more waxing / no more pain Get rid of unwanted hair ... Only clinic in Sussex with 2 lasers for permanent hair removal".
Issue
The complainant challenged whether the ad was misleading, because it did not make clear that the prices shown were for an individual session and that more than one session may be required.
Response
Crawley Clinic did not provide a written response to the complaint.
Assessment
The ASA was concerned by Crawley Clinic'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.
Upheld
We noted the ad did not make clear that the prices related to an individual session and that more than one session may be required. We also noted the ad included the claims “need to get rid of unwanted hair growth”, “no more waxing / no more pain” and “get rid of unwanted hair”. In that context, we considered consumers would interpret the advertised prices to reflect the total cost they would incur to remove hair from the specified area.
Since we understood that that was not the case, we concluded that the ad was likely to mislead.
The ad breached CAP Code (Edition 12) rules
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
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification).
Action
The ad must not appear again in its current form. We told Crawley Clinic to ensure they made clear any significant conditions in future. We also asked CAP to inform its members of the problem with Crawley Clinic.
