Ad description
A leaflet advertising fruit and vegetable boxes from Kellys Vegies, seen in September 2017, stated “TRIAL BOX. Order your fruit & veg box today … No Debit Card Required”.
Issue
The complainant, who understood that card details were required to order the trial box from the website, challenged whether the claim “No Debit Card Required” was misleading.
Response
Kellys Vegies Ltd stated that they had since altered the leaflet to remove the claim. They stated that they regularly updated the terms and conditions of their offers and their marketing materials were also updated to reflect this.
Assessment
Upheld
The ASA understood that in order to take advantage of the trial offer, consumers would have to enter their debit or credit card details into Kellys Vegies’ website. We considered that consumers would interpret the claim “No Debit Card required” to mean that consumers would not be required to use their debit card in order to take advantage of the promotion. Because this was not the case, we therefore concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rule 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising).
Action
The ad must not appear again in the form complained of. We told Kellys Vegies Ltd not to state that debit cards are not required if they were.
