Background
Summary of Council decision: Two issues were investigated of which two were Upheld.
Ad description
A TV ad, for the Sanex Zero% bathing range viewed in October 2011, featured images of a crowd of naked individuals applying various coloured substances to their bodies. The accompanying voice-over stated "We put so many different chemical ingredients onto our skin". The ad then featured an image of a woman in the shower using the advertised product and was accompanied by a voice-over which stated "New Sanex Zero% contains just the ingredients you need for clean, healthy skin. Sanex Zero%. Keep skin healthy".
Issue
1. One complainant challenged whether the ad misleadingly implied that the product contained no man-made chemical ingredients.
2. One complainant challenged whether the claim "New Sanex Zero% contains just the ingredients you need for clean, healthy skin" was misleading, because they believed the advertised product contained ingredients, such as parfum, which were not necessary for clean, healthy skin.
Response
1. & 2. Colgate-Palmolive believed the ad highlighted the distinction between the number of ingredients in shower gel products, but did not demonstrate a distinction between natural and man-made ingredients. They said the Sanex Zero% range contained between nine and eleven ingredients, compared to the market average of 23 ingredients. They said the ad made no reference to natural ingredients which might lead the consumer to believe the product was composed entirely of natural ingredients. They also said the ad made no claims about whether the chemical ingredients were man-made or natural.
Colgate-Palmolive said the luminous coloured substances in the opening scene represented complex, brightly coloured and highly fragranced shower gels containing multiple chemical ingredients. They also said the image of the woman applying the advertised product and accompanying voice-over demonstrated that the product was a colourant-free product that contained a reduced number of chemical ingredients, but did not present the product as a natural one.
Colgate-Palmolive said references to "Zero%" within the ad referred to the fact that the advertised product contained none of those chemical ingredients which Sanex considered to be irrelevant to healthy skin. They said the focus on "Zero" towards the end of the ad emphasised the sub-brand distinction between Sanex Zero% and other Sanex products.
Colgate-Palmolive said the Sanex Zero% range included three products and that one product out of their range was fragrance free. They believed that the presence of fragrance in two of their products was not misleading. They also said their research showed that only 7% of UK consumers polled listed fragrance-free products as being of relevance to them when choosing a shower gel product.
Clearcast believed the ad did not imply that the product contained no chemical ingredients and was therefore not likely to mislead. They endorsed Colgate-Palmolive's response and considered that viewers would interpret the ad to mean that the product contained only the ingredients which were vital for clean, healthy skin. They also believed that, for most people the use of a fragrance or perfume was important for the feeling of clean skin. They said they sought the opinion of their dermatology consultant and said he did not consider there to be an issue with the script.
Assessment
1. Upheld
The ASA noted the voice-over stated "We put so many different chemical ingredients onto our skin" and was accompanied by images of individuals applying luminous coloured substances to their bodies in a fashion akin to washing in the shower. We considered that consumers were likely to interpret the luminous coloured substances to represent the man-made chemicals that were found within conventional shower gels. We noted the ad showed an image of a woman applying Sanex Zero%, in a similar fashion to those applying the luminous substances. We also noted the advertised product produced white suds. Whilst we understood that the image showed the product in normal use, we considered its contrast with the luminous substances, particularly in conjunction with the voice-over 'New Sanex Zero% contains just the ingredients you need for clean, healthy skin', gave the impression that the products contained no man-made chemical ingredients, and rather, were made from only natural ingredients. We also noted that the waving arms were shown to create a zero which then fed into the Zero% logo, as the camera panned out. We therefore noted that reference to zero was highlighted within the ad. In that context, we considered that consumers were likely to interpret the ad to mean that the advertised products contained no man-made chemical ingredients, and rather, were made from only natural ingredients.
Since we understood that the advertised products contained man-made chemical ingredients, we concluded that the ad was misleading and breached the Code.
On this point, the ad breached BCAP Code rules
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),
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is 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) and
3.12
3.12
Advertisements must not mislead by exaggerating the capability or performance of a product or service.
(Exaggeration).
2. Upheld
We noted the ad referred to the Sanex Zero% range and featured an image of the three products within that range. In that context, we considered that the overall impression given by the ad was that the Sanex Zero% range of products contained only those ingredients essential for clean and healthy skin. We acknowledged that one of the three products within the Sanex Zero% range contained no parfum and noted Colgate-Palmolive's comments that their research showed that only 7% of polled UK consumers listed fragrance free as being relevant when choosing a shower gel product. We also noted from their research that 52% of polled UK consumers listed 'smells fresh' as being relevant when choosing a shower gel product and that 34% cited 'fragrance lasts on the skin' as relevant. Whilst we noted that the presence of fragrance was a factor which could affect a consumers' decision to select a shower gel product, we considered that fragrance was a factor which affected the enjoyment of the product, rather than an essential requirement for clean and healthy skin.
Because the ad implied that the Sanex Zero% range contained only those ingredients which were essential for clean and healthy skin and because two of the products within the Sanex Zero% range contained parfum, which we considered to be non-essential for clean and healthy skin, we concluded that the ad was likely to mislead consumers and therefore breached the Code.
On this point, the ad breached BCAP Code rules
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),
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is 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) and
3.12
3.12
Advertisements must not mislead by exaggerating the capability or performance of a product or service.
(Exaggeration).
Action
The ad must not appear again in its current form. We told Colgate-Palmolive to ensure future ads were not likely to mislead.
