Ad description
A TV ad for WeightWatchers' Simple Start programme included a voice-over and on-screen visual that stated "Satisfaction or your money back".
Issue
The complainant challenged whether the ad was misleading because they understood the administration fee was not refunded.
Response
Weight Watchers (UK) Ltd said that consumers who wished to take advantage of the "Satisfaction or your money back" offer were entitled to claim a full refund and that they did not impose an administration fee with this particular offer. They said, to claim the refund, the customer must download a refund request form and send it to the Weight Watchers Satisfaction Guarantee Team and that was made clear in the terms and conditions on their website. They said that consumers who wanted to take advantage of the offer were likely to expect that terms and conditions would apply, including the need to follow a specific refund process, and they sought to make that clear in the TV ad which directed viewers to their website.
Clearcast said they considered the on-screen text that stated "Qualifying period and conditions apply. See website for details. Excludes NI" clearly directed consumers to the Weight Watchers website which displayed the terms and conditions. They said a viewer who wished to take up the offer would have referred to the website together with the procedure specific to refunds for the 'Simple Start' plan. They said it was possible to obtain a full refund, provided the correct procedure was adhered to.
Assessment
Not upheld
The ASA noted that the ad included the on-screen qualification "Qualifying period and conditions apply. See website for details …" which was displayed before the "Satisfaction or your money back" claim was made, and therefore considered it may have been unclear to some viewers that the offer related only to one of Weight Watchers' plans. However, because the ad featured the 'Simple Start' plan and no other Weight Watchers' programmes, we considered it was likely that most consumers would understand the money back offer was specific to that plan only. The ad encouraged consumers to "see the website for details" which displayed a prominent link to the Simple Start plan. On clicking through, two links took consumers to the Simple Start terms and conditions which clearly set out how a refund could be requested.
Because the TV ad directed consumers to the Weight Watchers website which clearly set out the steps that had to be followed to qualify for a refund, we concluded it 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.
and
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
3.11
3.11
Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
(Qualification) but did not find it in breach.
Action
No further action necessary.
