Ad description
A teleshopping ad on Price-drop TV advertised a Terratek Cobalt multi-purpose 16-piece drill set. The presenter stated, "... I don't know if you know how much a set of drill bits like this would be at maybe B&Q or Wickes or Homebase or Screwfix Direct. If you've looked in any of those places or looked online at their stores and you see the multi-purpose drill bits, if you see how much they are, you'll be coming and you'll be buying them from me, I know that much at the price we're about to do. So, 16 drill bits, I think I've only got 34 of these. It's the biggest, traditionally, Easter weekend is the biggest DIY weekend in the country." On-screen text stated "Now at" and showed the price reducing from £59.99 to £29.99, £27.99 and £17.99. The presenter stated, "It goes down to £17.99."
Issue
A viewer challenged whether the price comparison against the named companies was misleading and could be substantiated, because he found that they all sold equivalent products for less than the price at which it was sold by Price-drop TV.
Response
Sit-up Ltd t/a price-drop tv (Price Drop) believed the comments by the presenter were a statement of opinion rather than a direct price comparison. They believed they suggested to viewers that they should do their own research so they could make an informed decision about the value of the drill set that was advertised. They acknowledged that the presenter named particular stores, but considered he did not say the drill set was available in those stores or that it would be either less or more expensive to buy from those stores than from Price Drop.
Assessment
Upheld
The ASA considered that the comments made by the presenter came across as a price comparison and savings claim rather than as a statement of opinion. In the context of an ad that invited viewers to make a direct purchase, we considered the claims suggested that similar drill sets, although not necessarily identical to the ones in the ad, would be considerably more expensive at stores such as B&Q, Wickes, Homebase and Screwfix Direct than the £17.99 price charged by Price Drop. Because we understood that was not the case, and Price Drop had not supplied evidence that demonstrated that was the case, we concluded that Price Drop had not substantiated the price comparison and that it was misleading.
The ad breached BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising), 3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), 3.33 3.33 Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service. and 3.35 3.35 Advertisements must objectively compare one or more material, relevant, verifiable and representative feature of those products or services, which may include price. (Comparisons with identifiable competitors) and 3.39 3.39 Advertisements that include a price comparison must make the basis of the comparison clear. (Price comparisons).
Action
The ad must not be broadcast again in its current form.
