Ad description
A clothing collection bag delivered to householders included text on one side that stated "HELPING OUR SOLDIERS IS DEDICATED TO HELPING OUR SOLDIERS … WE RELY ON YOUR SUPPORT … WE NEED YOUR UNWANTED CLOTHING, BED LINEN, SOFT TOYS, TOWELS, PAIRED SHOES, BELTS, HAND BAGS, JEWELLERY, CURTAINS … IT IS THEN SOLD AND £100 PER TONN AND WILL BE GIVEN TO CHARITIES SUPPORTING OUR TROOPS … HELPING OUR SOLDIERS IS SPONSORED BY DR Bags Company Ltd".
Issue
Supporting Businesses and Communities of Cambridgeshire County Council challenged whether the bag complied with the Code, because it did not specify which charities would benefit.
Response
DR Bags Company Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by DR Bags Company Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.
The CAP Code stated that promotions run by third parties, such as commercial companies, claiming that participation will benefit a registered charity or cause must name each charity or cause that will benefit and be able to show the ASA or CAP the formal agreement with those benefiting from the promotion. Because the clothing collection bag did not specify which charities would benefit and we had not seen a formal agreement between them, we concluded the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 8.33.1 8.33.1 name each charity or cause that will benefit and be able to show the ASA or CAP the formal agreement with those benefiting from the promotion (Charity-linked promotions).
Action
The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.
