Ad description
A radio ad for the Peugeot Just Add Fuel package included a voice-over that stated, "Car insurance going up again? Well don't worry, with Just Add Fuel from Peugeot it's covered. It's the only package to include 3 years comprehensive insurance plus warranty servicing, car tax and roadside assistance, all for £159 a month. We'll even throw in a 208 Access. Drive away happy from your local Peugeot dealer. In Manchester, Ashton, Stockport and Sale." The terms and conditions stated "Initial rental £1,531, final rental £4,510. This is a finance lease and you'll not own the car. Driver eligibility and excess mileage restrictions apply. Underwritten by UK Insurance Ltd. Quotation from Peugeot financial services. A guarantee may be required."
Issue
A listener challenged whether the ad was misleading, because the conditions provided at the end of the ad were not stated clearly.
Response
Peugeot said they had obtained RACC approval for a different version of the ad with shorter terms and conditions but they had chosen to use a more complete set of terms and conditions so as to minimise the risk of misleading listeners. They pointed out that a single complaint had been made whereas the ad had been broadcast across 105 different radio stations throughout a 25-day period with a combined reach of approximately 18.8 million. They believed the terms and conditions were clear, both in their content and delivery, and were audible. They believed the speed of delivery of the terms and conditions was on a par with other radio ads.
The Radio Advertising Clearance Centre (RACC) said they had cleared the ad without hearing the final, recorded version, which was their standard practice. They said they assumed that the qualifying information at the end of radio ads would be recorded in a clear and intelligible manner. They said that having listened to the final version of the ad, they felt that although the terms and conditions were delivered faster than the rest of the ad, they were audible and clear, and would be understood by listeners.
Assessment
Upheld
The ASA considered that the terms and conditions included material information and qualifications relating to the “Just Add Fuel” package and therefore needed to be presented to listeners in a clear and intelligible manner. We noted that the terms and conditions were presented more quickly than the information in the rest of the ad and considered that they were delivered too quickly, such that certain terms were difficult to hear. For example, we noted that important information relating to the initial rental and final rental costs was difficult to make out. We therefore concluded that the ad was misleading because the terms and conditions were not stated clearly.
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
3.11
3.11
Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
(Qualification).
Action
The ad must not be broadcast again in its current form. We told Peugeot to ensure that in future the terms and conditions in their ads are presented clearly and audibly.
