Ad description

A TV ad for the RSPCA Christmas Appeal opened with white on-screen text against a grey background that stated "URGENT CHRISTMAS APPEAL". Smaller text below stated "The RSPCA helps animals in England and Wales. Registered charity no.219099". There followed a series of shots of neglected and distressed animals and a voice-over appealing for donations.

Issue

The complainant, who lived in Scotland, challenged whether the ad was misleading, because it failed to make clear the charity did not operate in Scotland.

Response

The RSPCA said while they were registered in England and Wales, they were entitled to receive donations from people in other countries who wished to support their charitable work. They said they had a memorandum of understanding with Scotland's oldest animal welfare organisation, the Scottish Society for the Prevention of Cruelty to Animals, which required both organisations to make as clear as possible where they operated. They noted that the text "The RSPCA helps animals in England and Wales. Registered charity no.219099" appeared at the start of the ad and said a Scottish charity would include the prefix "SCO" before its charity number.

The RSPCA advised that if potential donors who telephoned the number in the ad gave a Scottish address, the telephone operator was prompted to inform the caller that the RSPCA helped animals in England and Wales and to check they were happy to proceed. The RSPCA pointed out that their website address also appeared throughout the ad and the text "the RSPCA helps animals in England and Wales" appeared at the bottom of every page on the site.

They said they instructed their agencies to avoid booking media advertising in Scotland and ads were prevented from being shown in Scotland where possible, although there were some border areas between Scotland and England where there could be an overlap.

Clearcast endorsed the RSPCA's response and believed the use of "The RSPCA helps animals in England and Wales" made clear where the RSPCA operated.

Assessment

Not upheld

The ASA noted that the claim "The RSPCA helps animals in England and Wales" appeared at the beginning of the ad. We also noted that it did not appear again and there was no other reference in the 90-second ad to the fact that the RSPCA operated only in England and Wales. We understood that the complainant had seen the ad in Scotland, which was outside the RSPCA's area of operation. However, we noted that the RSPCA had taken steps to restrict the broadcasting of the ad in Scotland and had ensured that those donating by telephone or online were made aware of its area of operation. We also considered there was nothing in the ad's content that implied the RSPCA operated in Scotland and that those making a donation were likely to do so out of a desire to stop animal cruelty regardless of geographical location. Because we considered that the RSPCA had taken reasonable steps to make clear that they helped animals in England and Wales only, we concluded that the ad was not likely to mislead consumers.

We investigated under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.    3.2 3.2 Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
 (Misleading advertising),  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  and  3.1 3.1 Advertisements must not materially mislead or be likely to do so.   (Qualifications), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.10     3.2    


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