ASA Adjudication on sit-up Ltd
sit-up Ltd t/a
Unit 11 Acton Park Industrial Estate
20 February 2013
Number of complaints:
A teleshopping presentation, on 1 November 2012, included on-screen text that stated "Genuine Jean Paul Dupont Pride of Rome 100ml Presentation EDT" and "Do not call Back in Stock - Lines locked for fairness". The presenter said "This is the fragrance that took Americans by storm, so much so what you just saw was the advert that made Jean Paul Dupont quite simply a household name in America. Macy's love JPD, to the extent that if you want to buy JPD anywhere else in Europe you can only get it on shopping TV from us".
The complainant challenged whether the presentation misleadingly implied the product was stocked by, and a popular seller for, Macy's in New York.
sit-up Ltd t/a bid tv (bid tv) said Jean Paul Dupont (JPD) fragrances were supplied to numerous department stores and retail outlets by their US distributor. Their US distributor confirmed that they had supplied JPD fragrances to Macy's in 2009/10 and provided an approximation of the number of bottles sold in the US in the current financial year.
The ASA noted that the presenter made several references to the popularity of JPD fragrances in the US, and that he stated "Macy's love JPD". We considered that viewers would understand that Macy's regularly stocked JPD fragrances, and that their demand was such that it limited the availability of the product in the UK and Europe. We considered that associating the fragrance with a well-known, high-end store like Macy's would heighten its appeal and we noted that Macy's had not stocked any JPD fragrances, including the one featured in the presentation, since the financial year 2009/2010. Because Macy's had not stocked the product for over two and a half years, we concluded that the presentation was likely to mislead.
The presentation breached BCAP Code rules 3.1 (Misleading advertising) and 3.9 (Substantiation).
The presentation should not be broadcast again in its current form. We told bid tv to ensure that the product's popularity was explained accurately if the product returned to air in future.