Ad description

A TV ad for the Amazon Kindle showed scenes of people in different situations using the product. On-screen text at the end of the ad stated, "All-new Kindle only £89 amazon".

Issue

The complainant, who purchased a Kindle from the high street, objected that the ad was misleading because it did not state that a mains charger was not included with the product as standard.

Response

Amazon EU Sarl (Amazon) stated that the new Kindle device featured in the ad retailed at a lower price than other models available; they said the exclusion of a mains plug kept the price as low as possible, thus offering consumers the most affordable price. They also said the device came with a USB cable, allowing it to be charged through a computer or other USB-enabled device. They believed that the majority of consumers who would buy a Wi-Fi device, such as the new Kindle, would have access to a computer and therefore would not require another mains plug.

Amazon said they offered another e-reader with different specifications, which included a physical keyboard and a mains plug and retailed for a higher price than the new Kindle device. They said that if a consumer required a mains plug, they could easily order it separately or opt for the other product. Furthermore, they did not believe that it was uncommon for Wi-Fi enabled devices not to include a mains plug adapter and pointed out that this was similar to other widely available electronic products that included a USB cable only. They said the information that a mains plug was not included was available to both online and offline consumers. They said that the products information web page made this clear and that the words "Power adapter sold separately" were printed on the Kindle's packaging for the benefit of offline customers.

Furthermore Amazon said that the ad did not create the expectation that a mains plug would be included with the Kindle device as there was no reference at all in the ad to the possibility of charging the device with a mains plug.

Clearcast said that the product came with a USB cable so it could be charged using a computer. This asserted that this was fairly commonplace as the advertiser claimed. For these reasons Clearcast did not believe that the ad was misleading.

Assessment

Not upheld

The ASA noted that the product did not include a mains charger but did include a USB cable, which allowed it to be charged via a computer or other USB enabled device. We acknowledged that it was not necessary to own a computer to operate the device, but we considered that most potential buyers would likely own one or have access to one. We acknowledged that there would be some consumers interested in the product who would not own or have access to a USB-enabled device. However, we considered that these consumers would be in a minority and would not represent the average consumer. We considered it reasonable to expect consumers who did not own or have access to a computer to check either the product information, if purchasing online, or the packaging if purchasing in-store, to ensure that the product was suitable for them before making a purchase. For these reasons we did not consider that the exclusion of a mains charger was a significant condition likely to affect the average consumer's decision to purchase; we therefore concluded that the ad was not misleading by omission.

We investigated the ad under BCAP Code  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  and  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) but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.2    


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