Ad description

A TV ad, for a department store, featured a number of images of clothing interspersed with text stating "UP TO 30% OFF EVERYTHING". The voice-over stated, "The BHS Christmas Spectacular is now on. With up to 30% off everything throughout the store including clothing, accessories, homeware and gifts. Shop in-store and online to get up to 30% off everything." On-screen text stated "Excludes all non-participating concessions, restaurant and cafe, delivery & gift cards."

Issue

A viewer challenged whether the claim "Up to 30% off everything" was misleading and could be substantiated, because they understood that not all items were reduced in price.

Response

BHS explained that with the exception of gift cards and one concessionaire that sold 'experiences' such as paintballing and spa days, every product in BHS stores and online was included in the promotion and reduced by up to 30%. They said the exclusions to the promotion were made clear in the on-screen text in the ad that stated "Excludes all non-participating concessions, restaurant and cafe, delivery & gift cards".

Clearcast said the substantiation they saw confirmed that "everything" was included in the promotion, with the exception of restaurant and cafe services, delivery charges and gift card purchases. They also believed that viewers would be aware that in-store concessions existed separately from the main body of the shop and would not expect those concessions to be taking part in the promotion. Clearcast believed the specific qualifying on-screen text and viewer awareness of in-store concessions justified using the claim "everything" and that the qualification did not contradict the claim.

Assessment

Not upheld

The ASA noted Clearcast's argument that viewers would understand in-store concessions were separate from the store and consequently unlikely to be included in the promotion. However, we considered that the claim "UP TO 30% OFF EVERYTHING" gave the impression that every product in-store was discounted and would therefore also include concessions, whether they were separate from the store or not. In such circumstances, we would normally consider the non-participation of concessions to be a significant restriction to the offer and that the on-screen text therefore contradicted rather than clarified the offer.

However, we noted that on this occasion only one concession was not participating in the advertised promotion. The concession offered 'experiences', such as paintballing and a spa visit, which we considered were similar to the purchase of a gift card to be used for a specific event rather than just general use in-store. We therefore considered that viewers were likely to expect that type of service not to be included in the promotion and that the on-screen text "Excludes all non-participating concessions" clarified the offer on that point.

We also understood that restaurant and cafe services, delivery charges and gift cards were not included in the promotion, but considered that viewers were likely to understand that they were not products as such and would likely be excluded from the promotion; the on-screen text clarified that position.

We considered that, because only one specialist concession and services other than products were excluded from the offer, the on-screen text had clarified rather than contradicted the claim "UP TO 30% OFF EVERYTHING". We therefore concluded that the ad was not misleading.

We investigated the ad under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising),  3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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) and  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.10     3.9    


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