Ad description
A Bid TV teleshopping presentation, for a Yarvik tablet, included the statements "Get it now while I've got the four easy buys ... And please remember this, it probably will be that the next time you see this the price will be the same, I doubt that the price is going to shoot up or anything, but we may not have it on the four easy buys. We might have no easy buys, we might just have two. To get the four easy buys and the great price, it's fabulous ... Also, what I always express to you is the fact that this is not always going to be on Easy Buy. I have sold one thing one day on two easy buy payments and the next day I've sold it and it's on one payment. No easy buy available. So while you've got the easy buy available and it's split into four, that is brilliant because it's making it so affordable for you. Today, all you have to pay, today, to get this delivered to your door, is £22.49 and P&P."
Issue
A viewer, who noted that the same Yarvik tablet was featured later in the day with the same "four easy buys" option challenged whether the presentation put unfair pressure on viewers to make a quick decision about whether to purchase the tablet, because it implied that the "four easy buys" payment option would not be available again in future.
Response
Sit-up Ltd t/a Bid TV (Sit-up) explained that an “Easy Buy” option enabled consumers to spread the payment for the product over several months, depending on how many Easy Buy payments were offered. A customer did not have to take the Easy Buy payment option and could always pay the full amount straight away. When a product was scheduled for Bid TV, there was no guarantee that the Easy Buy option would be available for each and every airing of that product, unless specifically addressed by the host or by an on-air promotional campaign. It was a financial decision by the planning/buying teams to offer Easy Buy, as it meant money for the products would not come into the business straight away.
Sit-up pointed out that the host stated early on during the presentation that if the product was offered again "we might not have it on the four Easy Buys. We might have no Easy Buys, we might just have two". They said that at the time the host made that statement, neither she nor the producer were aware that the item, if sold later that day, would have had the Easy Buy option. On this occasion, the host and producer had only prepared for their own show.
Sit-up did not believe the host's statements caused undue pressure on consumers to buy during that particular sale as the item may not have been for sale later on with the Easy Buy option.
Assessment
Upheld
The ASA acknowledged that the presenter did not state unequivocally that the product would not be available again with the Easy Buy purchase option. However, we considered the presenter gave the impression that it was unlikely the product would be available again on four Easy Buys and she emphasised the benefit of that payment option in making the product more affordable. We considered that by implying that it was likely the product would not be available again with the four Easy Buy payment option and then featuring the same product on the same payment terms later that day, viewers had been put under unfair pressure to make a purchasing decision. Because of that, we concluded that the presentation was misleading and breached the Code.
The presentation breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 3.31 3.31 Advertisements must not falsely claim that the advertiser is about to stop trading or move premises. They must not falsely state that a product or service, or the terms on which it is offered, will be available only for a very limited time to deprive consumers of the time or opportunity to make an informed choice. (Availability).
Action
The presentation must not be broadcast again in its current form. We told Sit-up to ensure they do not make misleading claims in relation to the future availability of payment options.
