Ad description
A TV ad for a model Eddie Stobart trailer featured a voice-over that stated, "This is no ordinary lorry. This is an exact replica of the famous Eddie Stobart Volvo fridge trailer and it can be yours to own for just £2.99 post free." On-screen text stated, "Only £2.99 Free P&P". Towards the end of the ad, the voiceover stated, "Call free on [telephone number] to claim your dye cast metal replica of the famous Eddie Stobart Volvo fridge trailer today. Complete with certificate of authenticity, collectors box and display plinth, as well as the exclusive bonus gift, an Eddie Stobart pin badge. All for just £2.99 free p&p. There is no obligation to buy anything else, ever. Exclusive to Atlas Editions."
Issue
The complainant challenged whether the ad was misleading because it did not state that consumers would be sent and charged for further models unless they cancelled and returned the subsequent items.
Response
Atlas Editions UK Ltd said that the ad presented the Eddie Stobart Volvo Fridge Trailer model as a single product offering for £2.99 with free P&P. Atlas Editions explained that if the viewer placed an order by telephone, they would be offered the opportunity to upgrade their order to receive a collection at a special discounted price. They stated that this was not mandatory and the customer could decline the offer at any point, and only purchase the Eddie Stobart Volvo Fridge Trailer model for £2.99.
Atlas Editions further explained that if the viewer placed an order via their website, they would be directed to a page where the model was shown as part of a collection. Atlas Editions pointed out that it was stated on this page that if the customer ordered the model, they would be placed on a priority delivery service to receive other models on a non-obligatory basis. They stated that the customer would be able to cancel or return any models they received anytime. If the customer only wished to purchase the model for £2.99 and nothing further, they would just be required to inform them. Atlas Editions further submitted a copy of a flyer that would be sent to the customer along with their shipment of the model, which again detailed the offer to receive further models in the collection on an optional basis.
Clearcast stated that they received a letter from the advertiser explaining that viewers would be offered the option to view a second model when they placed an order over the telephone, which they were under no obligation to accept. If viewers declined this option, they would be sent the first model as advertised which they could return if they chose to do so. Clearcast stated that the offering of an "upsell" when viewers responded to a direct response television ad (DRTV) was a well-established and common practice, and provided that the viewer could decline this at the point of purchase, there was no need to refer to it in the ad.
Assessment
Upheld
The ASA noted Atlas Editions' and Clearcast's comments that consumers could decline an order upgrade at the point of sale over the telephone. We also noted Atlas Editions' statement that those who chose to purchase the model on Atlas Editions' website would be automatically enrolled to receive further models from the same collection through the advertiser's "priority delivery service", unless they notified the advertiser that they did not wish to be included.
We considered that, in the absence of an indication that the model shown in the ad was part of a subscription-based collection, consumers were likely to understand from the ad that the offer advertised was for a standalone product with an accompanying gift pin badge. The claim in the ad "There is no obligation to buy anything else, ever" further reinforced the impression that there would be no further commitment on the part of consumers beyond the purchase of the model advertised. We noted that the advertiser's website allowed consumers to select the item and proceed through the early stages of the ordering process without a prominent indication that it was being offered as part of a collection and that, unless they opted out, they would be sent and charged for further items.
Notwithstanding Atlas Editions' and Clearcast's comments that delivery of further models was offered on a non-obligatory basis, we did not consider the ad made clear that if consumers purchased the product advertised, they would be automatically enrolled to receive further models from the same collection unless they opted out. We considered that this was material information that was likely to influence a consumer’s decision whether or not to take up the offer and therefore should have been specified in the ad. As this was not the case, we concluded the ad was misleading.
The ad breached 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) and
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification).
Action
The ad must not appear again in its current form. We told Atlas Editions to ensure that future ads for similar offers made clear that consumers who placed an order would receive further models in the collection unless they opted out.
