Ad description
A teleshopping presentation, on Bid TV, for a pair of solar powered Tiffany style garden lights. On-screen text stated "2PK Large Solar Powered Tiffany Style Garden Lights ... UK P&P £7.99". The presenter stated, "You can multi-buy these, so you get a pair, but you could actually buy nine pairs, so you could get 18 of these ... Remember, you could buy up to nine pairs with one phone call." The on-screen price appeared and the presenter then stated, "That's not a bad price ... even if you add on the postage and packaging, that's delivered to your door. Seven ninety-nine on to that, just over 30 quid, just over £15 pounds each".
Issue
The complainant challenged whether the ad was misleading because it was not clear that postage and packaging was applied to each item if purchased as a multi-buy.
Response
sit-up Ltd t/a Bid TV (sit-up) said the presenter mentioned the availability of using multi-buy several times during the presentation and the postage and packaging details were clearly shown throughout the live sell. They said at no point during the performance did the presenter mention that the one price shown for the postage and packaging would cover all shipping costs of a multi-buy purchase.
Assessment
Not upheld
The ASA noted the on-screen text clearly stated "2PK ... Garden Lights" followed by postage and packaging charges. We acknowledged that the presenter had not mentioned one postage and packaging charge for multi-buy items and we noted that twice during the ad the presenter mentioned the price of one pack along with the £7.99 charge. Because the on-screen text was held throughout the presentation we considered that consumers would understand the postage and packaging charge related to one pack of two lamps. We therefore concluded the presentation was not misleading.
We investigated the presentation under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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.
3.3
3.3
Ofcom must ensure that the standards from time to time in force under this section include:
a) minimum standards applicable to all programmes included in television and radio services; and
b) such other standards applicable to particular descriptions of programmes, or of television and radio services, as appeared to them appropriate for securing the standards objectives."
Section 319(5).
and
3.3.4
3.3.4
delivery charges
(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) but did not find it in breach.
Action
No further action necessary.
