Ad description
A leaflet and TV ad for Acorn Mobility Services Ltd:
a. The leaflet, seen in April 2017, promoted a stair lift information guide. The leaflet was headed with bold yellow text which repeated the words “FREE GUIDE”. Text below the header stated “If you’re thinking of buying a stairlift, this essential FREE guide will tell you everything you need to know!”. The leaflet featured an image of man with a quote beside which stated, “Dr. Hilary Jones Medical Advisor to Acorn Stairlifts”. Smaller text below the quote stated “Produced by Acorn Mobility Services Limited”.
b. The TV ad, seen on 10 March 2017, promoted a stair lift information guide. The voice-over stated “Are you thinking of buying a stair lift? This essential free guide will answer all your questions. You can find out how a stair lift can improve your life in a few easy steps with this free guide packed full of detailed information. All of your questions answered. What should I think about when buying a stair lift? What type of stair lift will suit my home? What difference can a stair lift make to my life? Answers to these and many more with this free guide to buying a stair lift. A stair lift can be crucial to you staying independent in your own home. They were
invented to make your life easier and this free practical guide, produced with the help of
Acorn Stairlifts will make it easier for you to choose the one that’s right for you. So call now
on XXXX XX XX XX for your free copy of your guide to buying a stair lift and have all of your
stair lift questions answered today”.
Issue
The ASA received three complaints:
1. Two complainants, who believed ad (a) implied that the guide had been created by an independent party, challenged whether the ad made its commercial intent clear.
2. One complainant, who believed ad (b) implied that the guide had been created by an independent party, challenged whether the ad was misleading.
Response
1. Acorn Mobility Services Ltd t/a Acorn Stairlifts said that the ad referenced Acorn Stairlifts affiliation in two places on the leaflet. They said that the leaflet did not state that it was an independent guide.
2. Clearcast said that the guide was clearly presented as a commercial guide produced by Acorn Stairlifts and not by an independent body. They said that the voiceover made clear that Acorn Stairlifts was involved in the production by stating “free practical guide, produced with the help of Acorn Stairlifts”. They said that the guide was not designed to sell or market specific products but rather as a source of information about stairlifts.
Assessment
1. Upheld
The CAP Code required advertisers to ensure that their marketing communications made clear their commercial intent, if that was not obvious from the context. The ASA noted that the leaflet featured the word “FREE GUIDE” prominently in bold yellow font followed by the text “This essential FREE GUIDE will answer all your questions!”. We considered that consumers would interpret those claims to mean that the ad was offering a free guide with impartial advice produced by an independent third party.
We acknowledged that the leaflet contained text which stated “Produced by Acorn Mobility Services Limited”. However, the text appeared in small print at the bottom of the leaflet which we considered was likely to be overlooked by consumers. We considered that the text was insufficient to counteract the impression created by the other claims which was that the leaflet was promoting a free guide produced by an independent third party. Because the leaflet was in fact an ad for Acorn Mobility Services, we concluded that the commercial intent of the ad was not clear, and that the ad was misleading.
On this point, ad (a) breached CAP Code (Edition 12) rule 2.3 2.3 Marketing communications must not falsely claim or imply that the marketer is acting as a consumer or for purposes outside its trade, business, craft or profession; marketing communications must make clear their commercial intent, if that is not obvious from the context. (Recognition of marketing communications) and 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising).
2. Upheld
We acknowledged that Acorn Mobility Services said that the guide was not designed to market or sell products and that the voice-over stated “…essential free guide will answer all your questions”. While it did not include information about their range of products, the guide featured a customer testimonial regarding an Acorn Stairlifts product and also included their contact details. In that context, we considered that although the guide provided information about stairlifts, it was also an ad for Acorn Mobility Services.
We accepted that the voice-over stated “…this free practical guide, produced with the help of Acorn Stairlifts will make it easier for you to choose the one that’s right for you”. However, the ad did not contain any corporate branding and the voice-over gave the impression that the guide solely contained factual information about stairlifts. We considered that those factors gave the impression that the ad was promoting a free guide produced by an independent third party, and we did not consider that the phrase “produced with the help of…” made clear that the guide was produced and paid for exclusively by Acorn Mobility Services, who were also responsible for the ad. We considered that was material information which was likely to affect a consumer’s decision to obtain the guide. Because the ad implied that the guide was produced by an independent third party, rather than by Acorn Mobility Services, we concluded that the ad was misleading.
On this point, ad (b) breached BCAP Code rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. and 3.2 (Misleading advertising).
Action
The ads must not appear again in their current form. We told Acorn Mobility Services Ltd to ensure that their marketing communications made clear their commercial intent and did not imply that they were produced by independent third party.
