Ad description
Two directory entries for ABC Counselling Services, seen in May 2016:
a. The first ad included the claims “As a member of the BACP, ABC Counselling Services are bound by their ethical framework of good practice … run by Alan Campbell … Memberships BACP - British Association for Counselling and Psychotherapy”.
b. The second ad was headed “Counsellor - ABC Counselling Services Alan Campbell …” and included the claim “As a member of the BACP I am bound by there [sic] ethical framework of good practice”.
Issue
The British Association for Counselling & Psychotherapy (BACP), who said that neither ABC Counselling nor Alan Campbell were members of their organisation, challenged whether the ads were misleading.
Response
The advertiser said he was a member of the BACP at the time he had traded as ABC Counselling Services, but that he was now trading as a different company. He said he did not make any claims related to the BACP in relation to his current company.
Assessment
Upheld
The ASA acknowledged the advertiser’s argument, but noted that the claims were continuing to appear and we had not seen evidence that ABC Counselling Services had ceased trading. We considered the claims that both ABC Counselling Services and Alan Campbell were members of the BACP were likely to be understood to mean that both parties were signatories to a code of conduct, and, as such, were also approved, endorsed or authorised by that body. However, we understood from the BACP that neither ABC Counselling Services nor Alan Campbell were members. We therefore concluded that the ads were 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. (Misleading advertising) and 3.50 3.50 Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation. and 3.51 3.51 Marketing communications must not falsely claim that the marketer, or other entity referred to in the marketing communication, is a signatory to a code of conduct. They must not falsely claim that a code of conduct has an endorsement from a public or other body. (Endorsements and testimonials).
Action
The ads must not appear again in their current form. We told ABC Counselling Services not to claim that they, or their representatives, were a signatory to a code of conduct, or were approved, endorsed or authorised by a public or other body, if that was not the case.
