Ad description
A listing on an events website and a post on Unite London's Facebook page advertising a New Years Eve party.
a. The events website listing featured the heading "lineup and details for the london circus 2013 on tue 31st december 2013". It went on to describe elements of the event, including:
"Upon arrival walk the runway and prepare to be greeted by our amazing stilt walkers as you enter the gates of fire. Make your way into our featured Circus arena which has been transformed for one night only to the home of the world renowned Cirque De Soleil theme! With 2 VIP Sections, expect a whole host of entertainment from Fire performers, Acrobats, Dark Clowns, Dancer's [sic] & Contact Glow Jugglers plus many more!";
and "Attractions On the Night
Fire Performers & Stilt Walkers Dancers / Jugglers Midnight Confetti Drop Champagne Reception Contact Glow Jugglers Live Acrobats Live Link to Big Ben".
b. The Facebook post featured an image of a circus performer with the text "NEW YEARS EVE TUESDAY 31ST DECEMBER 2013 AT MEZA-SOHO". Text next to the image stated "Fire Breathers Stilt Walkers Contact Jugglers Twisted Clowns Plus LOADS MORE all under one roof!".
Issue
The complainant, who attended the event, challenged whether the ads were misleading, because there were no fire performers, stilt walkers, dancers, jugglers or live acrobats and no midnight confetti drop, live link to Big Ben or champagne reception.
Response
Unite London did not respond to our enquiries.
Assessment
Upheld
The ASA was concerned by Unite London's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We noted that the complainant found a number of the attractions listed in the ads were missing from the event. In the absence of a response from the advertiser, we concluded that the ads were misleading.
The ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 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) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
Action
The ad must not appear again in its current form. We told Unite London to ensure the attractions they listed for future events were present.
