ASA Adjudication on sit-up Ltd
sit-up Ltd t/a
Bid TV
Unit 11 Acton Park Industrial Estate
Eastman Road
Acton
London
W3 7QE
Date:
16 January 2013
Media:
Television
Sector:
Retail
Number of complaints:
1
Complaint Ref:
A12-208859
Ad
A teleshopping ad for a Figaro design neck chain finished in 18ct gold was broadcast on Bid TV. The presenter described his background in the jewellery business and then described the item. He stated, "... finished in no less than 18ct gold ... every single link is dipped in 18ct gold ... three times ... when you're dealing with triple dipped 18ct gold you're talking about a micron thickness of about 2.5 which is incredible ... and what that gives you is weight ... you can have 18ct gold and as a jeweller I like to think I would be able to tell - because of course gold is heavy - I would be able to tell if this had been single or tripled and I'm telling you that has got some weight to it ... [gold] has priced itself out of the high street at the moment. It's hard to get high quality 18ct gold because it's so expensive ... how much would you pay for this? £150, £200? 18ct gold triple dipped? What do you reckon? £150? I think that would be a fair price. However, that's not how it happens here ... [the price £44.95 and a countdown clock appeared on screen] That is sensational ... now you've got 30 seconds to consider this, do you want to pay £200 for gold 'cos you can on the high street but I'm not going to let you. Would you rather pay less than £50 or £200? ... You could multi-buy, sit on these and sell them for more I reckon ... you get a lot of gold here, a lot of gold, huge amount of gold, colossal amount of gold ... that is an amazing price ... now trust me, absolutely trust me, I know exactly what I'm talking about when it comes to gold ... this is big ... triple dipped 18ct gold does not come pass you very often ... that is a lot of gold, a lot of 18ct gold ...".
Issue
The complainant challenged whether the ad misleadingly exaggerated the value of the item.
BCAP Code
Response
Bid TV said their presenter had experience in the jewellery trade and in the value of gold. They believed, however, that he might have exaggerated the true value of the gold content of the product and acknowledged that his expertise and knowledge required updating. They undertook to address that with the individual concerned and with the rest of the team.
Assessment
Upheld
The ASA welcomed Bid TV's undertaking to prevent similar situations arising from future teleshopping ads. However, because the claims about the price viewers would typically have to have to pay for the item elsewhere had not been substantiated, we concluded that they were misleading and that the ad was in breach of the Code.
The ad breached BCAP Code rules 3.1 (Misleading advertising), 3.9 (Substantiation) and 3.12 (Exaggeration).
Action
The ad must not be broadcast again in its current form. We welcomed Bid TV's undertaking for the future.
