Ad description
A direct mailing for Healthy Living Direct, received in May 2011, stated "Your GUARANTEED 2nd Award - Cash Award - A SHARE OF £10,000.00" and "You are indeed the only customer on the extract list below to have been selected to definitely receive a FREE GIFT and a share of £10,000!"
Issue
1. The recipient challenged whether the mailing was misleading, because it did not make clear that the cash award was subject to terms and conditions.
2. The ASA challenged whether the terms and conditions of the £10,000 cash giveaway promotion, which were printed on the inside of the envelope, were provided clearly in a form which participants could retain or access easily throughout the promotion.
Response
1. Healthy Living Direct said the statement that the recipient would "... definitely receive a FREE GIFT and a share of £10,000" was followed by a statement at the bottom of the page which stated "See inside to find out how to claim your 2 EXCLUSIVE awards". They said the text that followed on the second page explained the offer, with text at the bottom of the page referring to the need for customers to quote their claim code to claim a share. Healthy Living Direct said they believed it was clear that the £10,000 was to be shared between the people who responded and that the free gift was sent when customers placed an order.
2. Healthy Living Direct said the rules for their promotions had been on the inside of their envelopes since 2008. They said customers signed a box at the top of the order form to say they had read and would abide by them. They had not received complaints that customers had had difficulties locating them. They said there was also a change of details form printed on the inside of the envelope and their customers did not seem to have difficulty locating that form. Nevertheless, Healthy Living Direct said they would change the wording of the box that customers signed so that it stated that the rules could be found on the inside of the envelope.
Assessment
1. Upheld
The ASA noted that the mailing was headed "Congratulations Mrs [recipient's surname]" and then stated "Your customer status means that YOU are GUARANTEED 2 awards - Your GUARANTEED 1st Award - A Watch FREE GIFT ... Your GUARANTEED 2nd Award - Cash award A SHARE OF £10,000.00;" "You have been chosen to receive a remarkable FREE GIFT!" and "You are indeed the only customer on the extract list below to have been selected to definitely receive a FREE GIFT and a share of £10,000!" We considered that those claims and statements suggested the awards were guaranteed. We noted, however, that to receive the awards, recipients needed to place an order from the catalogue that was enclosed with the mailing. We considered that the need to place an order, which was stated on page two of the mailing, contradicted the impression given initially on the first page of the mailing that the awards were guaranteed. Because of that, we concluded that the ad was misleading.
2. Upheld
We welcomed the action Healthy Living Direct said they would take to draw recipients' attention to the rules found on the inside of the envelope. We considered, nevertheless, that the envelope, even though it stated the terms and conditions, would not necessarily be retained throughout the promotion. We concluded that, because Healthy Living Direct had not stated the terms and conditions in a form that was likely to be retained throughout the promotion, the ad was misleading.
On points 1. and 2. the ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 8.2 8.2 Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment. (Sales promotion rules) and 8.17 8.17 All marketing communications or other material referring to promotions must communicate all applicable significant conditions or information where the omission of such conditions or information is likely to mislead. Significant conditions or information may, depending on the circumstances, include: and 8.18 8.18 Marketing communications that include a promotion and are significantly limited by time or space must include as much information about significant conditions as practicable and must direct consumers clearly to an easily accessible alternative source where all the significant conditions of the promotion are prominently stated. Participants should be able to retain those conditions or easily access them throughout the promotion. (Significant conditions for promotions).
Action
We welcomed Healthy Living Direct's assurance that the ad would not appear again in its current form. We told them to ensure that their ads did not give the impression that recipients would definitely receive an award if receipt was subject to significant conditions and to ensure terms and conditions were supplied in a form that participants would be able to retain or easily access throughout the promotion.
