Background

Summary of Council decision:

Two issues were investigated, both of which were Upheld.

Ad description

A TV ad for Halfords Ltd seen in November 2016 featured a man and woman in a car with the male actor stating, “Packed the boot, drive into darkness realised it was too dark. Pulled into Halfords, picked up a new bulb, had it fitted, journeyed into the light”. The voice-over then stated, “Buy a replacement car headlight bulb from Halfords and we’ll fit it for you on the spot.”

The ad featured scenes showing the man going into a Halfords store, picking up a light bulb from a hanger and being fitted into his car’s headlight. Approximately halfway into the ad was small print at the bottom of the screen that stated, “Subject to availability. Most stores”.

Issue

The ASA received eight complaints from members of the public resulting from further information they had directly obtained from staff at Halfords retail stores.

1. Five complainants, who purchased a light bulb for their vehicle and subsequently discovered that a fitting charge applied, challenged whether that was made sufficiently clear in the ad.

2. Three complainants, who were informed that the light bulb fitting service applied to selected vehicles, challenged whether that was made sufficiently clear in the ad

Response

1. Halfords Ltd stated that their marketing agency had initially submitted a different script to Clearcast, where the voice-over referred to the cost of fitting a light bulb, stating, “Bulbs - £8 fixed fee. Subject to availability. Most stores”. However, they had asked Clearcast whether they could remove that reference from the ad and were advised that it was acceptable to do so.

Halfords stated that the purpose of the ad was to inform viewers that they would be able to “Buy a replacement car headlight bulb from Halfords” and that Halfords would be able to “fit it for [them] on the spot”. They explained that the only limitation to the service was that occasionally, it was subject to availability of their store employees and was only offered in stores where trained members of staff were located. Halfords did not believe that it was necessary to include the information about the fitting charge in the ad, because they considered it was not a significant condition to the service and that such information would not affect a consumer’s decision on whether or not they wanted to use their fitting service. They stated that customers would use the service if they immediately required a replacement light bulb.

Halfords further stated that the information regarding the cost of their fitting service was available on a large point of sale sign in stores and on their website and therefore, consumers would have that information prior to purchase.

Clearcast stated that if the ad included the price of the light bulbs, it would have been prudent to include the additional pricing of the fitting service, so that viewers had a clear understanding of the cost implication. However, the ad focused on raising consumer awareness about the availability of a service offered by Halfords, and at no point were product prices mentioned nor did it suggest that the service was free. Furthermore, Clearcast believed that the average viewer would reasonably assume that there was a cost involved unless otherwise stated in the ad.

2. Halfords stated that they fitted light bulbs on selected vehicles for reasons which were beyond their control. In some instances, they would not actually stock the bulb required for a particular vehicle because it was only available directly from the car manufacturer. Furthermore, dissembling a particular vehicle could require specialist tools only available at a dealership.

Halfords referred to their website and stated that when consumers clicked on “shop bulbs”, they would be presented with a screen asking them to enter their vehicle registration. Once provided, consumers would then be informed on whether Halfords had a suitable light bulb that could be fitted to their vehicle. Furthermore, staff at their retail stores also had a “Do not attempt” fitting database, which advised them on which vehicles they could not carry out light bulb fittings.

Clearcast stated that they received documentary evidence from Halfords, which showed that the fitting service was subject to the availability of staff and that it was available in most stores (i.e. 93%). Furthermore, Halfords confirmed in writing to them that they fitted headlight bulbs for all vehicle makes and models. For those reasons, Clearcast believed that the small print used in the ad, “Subject to availability. Most stores” was sufficient to qualify the significant limitations to the service.

Assessment

1. Upheld

The ASA understood that the ad was promoting replacement car headlight bulbs sold by Halfords and their fitting service.

We acknowledged that no pricing information for the headlight bulbs was shown in the ad. However, throughout the ad there were fast paced scenes which included the male character going into a Halfords store, picking a bulb from a hanger and getting it fitted into his car’s headlight whilst saying, “Pulled into Halfords picked up a new bulb had it fitted”. We considered that from these fast paced scenes along with the small print, viewers were likely to interpret the ad to mean that Halford’s fitting service was included in the purchase of a light bulb, which could be immediately and easily installed, provided the service was available at their chosen store. This likely interpretation was further reinforced by the voice-over at the end, which stated “Buy a replacement car headlight bulb from Halfords and we’ll fit it for you on the spot”.

However, we understood that Halfords charged a fitting fee and given how we considered viewers were likely to interpret the ad, was material information that should have been included in the ad as it was likely to influence their transactional decision to pursue their interest in purchasing a replacement car headlight bulb from a Halfords store.

Therefore, because the ad did not inform consumers that Halfords charged a fee for fitting replacement car headlight bulbs, we concluded that it had omitted material information and was likely to mislead viewers.

On that 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) and  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification).

2. Upheld

The ASA understood that even if a fitting service was available at a Halfords store, it did not necessarily mean that they would be able to provide it for all consumers, as it was dependent on whether the headlight bulbs they sold were suitable for the vehicle and if they had the necessary tools to carry out the fitting. We considered that this was material information that should have been included in the ad, because it was likely to affect a consumer’s transactional decision to pursue their interest in purchasing a replacement headlight bulb from a Halfords store. However, we noted that such information regarding how the fitting service was limited to selected vehicles was not featured in the ad.

We noted that the ad included the small print “Subject to availability. Most stores”, but did not consider it addressed how the fitting service was limited to selected vehicles. We considered consumers would understand the small print to mean that the fitting service itself was available at most stores, and would be offered provided it was accessible at the consumer’s selected store and upon their date of visit.

Therefore, because the ad did not inform viewers that Halfords fitting service applied to selected vehicles, we concluded it omitted material information and was likely to mislead viewers.

On that 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) and  3.10 3.10 Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.  (Qualification).

Action

The ad must not appear again in its current form. We told Halfords Ltd that their future advertising must make sufficiently clear that a fee applied to their fitting service and that it was available for selected vehicles.

BCAP Code

3.1     3.10     3.2    


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