Ad description
A website for Emerald Heritage, www.emerald-heritage.com, sold souvenir plots of land in Northern Ireland. Text on the home page stated "Have You Always Dreamed of Owning Land in Ireland? Well now you can for as little as £28.99!", "Emerald Heritage ~ Your Piece of Ireland" and "At Emerald Heritage we recognise how many people claim ancestry links to Ireland, and understand that Ireland holds a special place in the hearts of millions across the world. Now you can own your very own piece of Ireland - the homeland of your ancestors for as little as £28.99 … Doing so will also ensure the protection and preservation in one of the world's most scenic destinations".
Issue
The complainant, who had purchased a plot of land from Emerald Heritage, challenged whether the ad misleadingly implied that the plots of land for sale were in the Republic of Ireland, when they were in fact located in Northern Ireland.
Response
Emerald Heritage Ltd said the land was located in the Glens of Antrim and that these were well known as locations in Northern Ireland. They said the home page made reference to the Glens of Antrim as well as the Causeway Coast. They said it also featured a video of the Glens of Antrim and that beside this it stated "Courtesy of Discover Northern Ireland Tourism". They said the home page made no reference to the Republic of Ireland and that their sales had come from all areas of Ireland - both the Republic and Northern Ireland. They also said that other web pages on their site gave more detailed information about the location of the land.
Assessment
Not upheld
The ad did not contain any references to the Republic of Ireland and references to the land's location were to "Ireland" only. The ASA therefore considered that the ad did not imply the land was specifically located in the Republic of Ireland, as opposed to Northern Ireland. Information further down the home page referred to the "Causeway Coast and Glens", which we considered those interested in purchasing souvenir land in Ireland were likely to be aware that these were in Northern Ireland. The web page also included a map of the United Kingdom and Ireland further down the page which pinpointed the land's location. We therefore concluded the ad was not likely to mislead consumers regarding the location of the land.
We investigated the ad under 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),
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
3.9
3.9
Marketing communications 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.
