Background
Summary of Council decision:
Three issues were investigated, all of which were Not upheld.
Ad description
A leaflet for Anchor Mobility, seen on 29 October 2016. The front of the ad stated “The Comfort Specialists … Here at Anchor Mobility your peace of mind is assured with every purchase … All furniture is made to measure”. The ad also featured a Union Flag above the wording “BRITISH MADE”. The back of the leaflet stated “Quality Riser Recliners & Adjustable Beds … BUY ONE GET ONE FREE OR 35% OFF A SINGLE PURCHASE … £350 PART EXCHANGE FOR YOUR EXISTING FURNITURE”.
Issue
The complainant challenged whether the following claims were misleading and could be substantiated:
1. “All furniture is made to measure”; and
2. “British made”.
3. The complainant also challenged whether the ad misleadingly implied that customers were eligible for £350 part exchange in addition to the buy one, get one free or 35% off offer.
Response
1. Anchor Mobility said that they did not supply ‘off the shelf’ furniture as their products were made to order. They said that, for example, when a chair was ordered they considered variables such as seat height from the floor, seat width and depth, back and arm height. Anchor Mobility said they could also adjust the width of the arms. They provided a list of chair measurement combinations which they said supported their claim that all of their furniture was made to measure. Furthermore, they said that the combinations provided were conservative figures and that they could modify products further.
2. Anchor Mobility said that they only used UK factories and did not import any items of furniture. They provided invoices from factories that they bought products from and supplied references to the corresponding company websites which they said supported the “British made” claim. They also provided an email from a supplier who confirmed that they supplied products to Anchor Mobility which were manufactured on their premises in England.
3. Anchor Mobility said that every customer who purchased a product from them and who also exchanged furniture was eligible for £350 off their order after either receiving a Buy One Get One Free (BOGOF) offer, or 35% off. They provided examples of customer sales orders which they said referenced the part exchange being received in addition to the BOGOF or discount.
Assessment
1. Not upheld
The ASA considered that consumers would understand the claim “All furniture is made to measure” to mean that each basic design of Anchor Mobility’s chairs and beds could be adjusted to each individual customer’s specific requirements.
We acknowledged the document which listed the chair measurement variations which indicated the range of adaptations that could be made. However, we did not consider that that document on its own was sufficient to substantiate the claim “All furniture is made to measure”. Nevertheless, we considered the various invoices provided which included orders for beds and chairs and noted that they included varying measurements, for example, chair seat height, depth and width and bed width, length and height.
Because Anchor Mobility provided evidence to support their “All furniture is made to measure” claim, we concluded that the ad was not misleading.
On that point, we investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
2. Not upheld
We considered that consumers would interpret the claim “British made” to mean that their beds and chairs were constructed and assembled in Britain by British companies. We noted that the invoices for confirmed orders provided by Anchor Mobility were from various factories located within Britain and that this confirmed Anchor Mobility were supplied by British companies. We considered this further confirmed by the correspondence to Anchor Mobility from one of their suppliers.
Because Anchor Mobility provided adequate evidence to support the “British made” claim, we therefore concluded that the ad was not misleading.
On that point, we investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
3. Not upheld
We considered that consumers would understand from the promotion “Quality Riser Recliners & Adjustable Beds … BUY ONE GET ONE FREE OR 35% OFF A SINGLE PURCHASE … £350 PART EXCHANGE FOR YOUR EXISTING FURNITURE” that Anchor Mobility offered two options, that is part exchange together with the option to receive a BOGOF or discount off an eligible product. We considered the range of invoices which included sales for riser recliners and an adjustable bed and noted that several of the customers had been given a higher discount and part exchange amount. The invoices also included customers who had chosen the BOGOF option with the part exchange. While we noted that the invoice had not given the customers the offer as stated in the ad, we considered that because the discount and part exchange was higher than advertised, their customers had not been disadvantaged.
Because Anchor Mobility provided adequate evidence that customers had received a greater discount or part exchange money and could also avail of the BOGOF offer and were therefore not disadvantaged, we concluded that ad was not misleading.
On that point, we investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), but did not find it in breach.
Action
No further action necessary.
