Ad description
The website www.elvistheultimateperformance.com, for Elvis tribute acts, stated on its home page, "ELVIS is definitely in the building. Europe's largest and most authentic Elvis show … Starring one of the World's leading Elvis performers and accompanied by Barisons Orchestra this show is designed for every Elvis fan”. The website showed an image of an Elvis tribute performer.
A subsequent web page headed "CAST, BAND & CREATIVE TEAM" stated "Past Performer - Chris Connor". The web page described the performer's past concerts and achievements.
The website also included a video of the show, during which two CDs appeared on screen titled "CHRIS CONNOR RECREATES ELVIS THE '68 COMEBACK SPECIAL" and "CHRIS CONNOR RECREATES ALOHA FROM HAWAII LIVE RECORDING". A voice-over stated, "Starring the world's leading Elvis performer, Chris Connor."
Issue
The complainant, Chris Connor, who had left the show, challenged whether the images, video and references to him misleadingly implied he was a current member of the cast.
Response
Barisons Productions Ltd said that their website clearly stated that Chris Connor was a past performer and had recently left the show. Like any theatre show, a promotional video would be made to promote a performance which would often remain on a website even when cast members changed. They said that the website had not stated that Chris Connor featured in the show, nor were they promoting him, and the only mention of the complainant was as a past performer. They said the only people who would recognise him would be fans and they would know he had left the show. They said they had written, directed and produced the show and that all the filming and photography was paid for by themselves. Consequently, they said that they owned the video and photograph rights.
Assessment
Upheld
The ASA noted that the main image of an Elvis tribute performer on the home page was not accompanied with information that directly associated the complainant with the show, nor did it imply he would feature in any forthcoming performances. We therefore considered that in the absence of a named performer the image would not mislead consumers as to who featured in the show. Furthermore, the web page that featured cast members stated clearly that Chris Conner was a past performer.
However, the video featured two images of the complainant's CDs and also included a voice-over which clearly stated that Chris Connor would be performing in the show. Consumers were therefore likely to conclude that the performer in the video was the complainant.
We considered whether the online video that featured the complainant would have led consumers who viewed it to believe that the image on the advertiser's home page was the same person. Because the main purpose of a tribute act was to resemble the relevant performer(s) as closely as possible, unless visitors to the site were very familiar with the complainant, we considered there were no discernible features that would lead consumers to conclude they were the same person.
Because the video directly referred to the complainant appearing in the show when that was not the case, we concluded it was misleading.
The ad breached 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).
Action
The ad must not appear again in its current form. We told Barisons Productions Ltd to ensure their advertising did not state or imply performers were appearing in a show if that was not the case.
