Ad description

A clothing collection bag distributed to households. On one side was a Union Flag with the text "HELPING OUR SOLDIERS". Text on the other side stated "HELPING OUR SOLDIERS IS DEDICATED TO HELPING OUR SOLDIERS WE RELY ON YOUR SUPPORT WE NEED YOUR UNWANTED BRIC-A-BRAC AND CLOTHES … IT IS THEN RECYCLED AND SOLD IN CHARITY SHOPS". Text in footnote text stated "HELPING OUR SOLDIERS IS SPONSORED BY MAKSIM Ltd [Telephone number] Company Registration No: 8398055".

Issue

Oxfordshire Trading Standards and three members of the public challenged whether:

1. the advertiser could substantiate their claims to collect on behalf of a charity; and

2. the ad was misleading, because it did not clarify which charitable organisation would benefit from the requested donations.

Response

Maksim Ltd explained that only a small number of bags had been printed and distributed through a third-party company. They confirmed that no more would be printed.

Assessment

1. & 2. Upheld

The ASA noted the CAP Code required that ads must not mislead by omitting material information. We considered that the identity of the charity or charitable organisations that were due to benefit from the collection and subsequent sale of the donated goods was material information, needed by consumers to help inform their decision about whether or not to donate.

In the absence of evidence to demonstrate an affiliation with any charitable cause, we concluded that the claims of Maksim Ltd to collect on behalf of a charity had not been substantiated and were likely to mislead. We welcomed their assurance that no further bags would be printed.

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  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.  (Substantiation).

Action

The clothing collection bag must not appear again in its current form. We told Maksim Ltd to ensure that, if collecting on behalf of charitable causes, they made clear which charities would benefit from their involvement. In addition, any relationship between Maksim Ltd and a charity should be supported by documentary evidence.

CAP Code (Edition 12)

3.1     3.3     3.7    


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