Ad description
A website listing from Argos on ebay.co.uk, for an internet security product, featured the image of the box which stated "McAFEE TOTAL PROTECTION 2013 … 3 PCs". The listing stated "MICROSOFT OFFICE TOTAL PROTECTION 2012 365 AND NIS - 1 USER".
Issue
The complainant challenged whether the claim "3 PCs" in the product image was misleading, because the listing stated that the product could only be used on one PC.
Response
Argos Ltd acknowledged the complaint and said that the wrong product image had been used in error. They said the ad had been amended.
Assessment
Upheld
The ASA acknowledged that Argos said the ad had been amended. However, we noted that we had previously resolved a very similar issue with them informally on two occasions.
The product image showed a McAfee anti-virus program which could be used with three PCs. However, the product listing was for a Microsoft product which was suitable only for one user. Because the product image was not of the advertised product, and text in the image stated that it could be used on 3 PCs when that was not the case, we concluded that the ad was 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.
3.3
3.3
Marketing communications must not mislead the consumer 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 the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
(Prices).
Action
The ad must not appear again in its current form. We told Argos Ltd to ensure their product images matched the product being advertised.
