Ad description
Claims on www.solidwoodkitchen.co.uk, for a kitchen supplier, featured text on the home page which stated "Call today on 01512 032 895". Text at the foot of the page stated "©2012 Solid Wood Kitchens".
Issue
The complainant challenged whether the ad breached the CAP Code because it did not make clear the marketer's geographical location.
Response
Solid Wood Kitchens did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Solid Wood Kitchens' 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 we told them to do so in future.
We noted the CAP Code required marketing communications, which quoted prices for advertised products, to include the identity and geographical address of the marketer. Because the ad quoted prices for advertised products, but did not include the identity and geographical address of the marketer, we concluded that it breached the Code.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
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.
and
3.4.2
3.4.2
the identity (for example, a trading name) and geographical address of the marketer and any other trader on whose behalf the marketer is acting
(Misleading advertising).
Action
The ad must not appear again in its current form. We referred the matter to CAP's Compliance team.
