Ad description
A teleshopping presentation, seen on Bid TV, offered a Klaus Kobec watch. The presenter stated, "... one of the great names of watches, worn by some of the most famous people in the world ..." and "They are regarded and worn by many A-list celebrities because they're a statement piece ..."
Issue
The complainant challenged whether the claims "worn by some of the most famous people in the world" and "regarded and worn by many A-list celebrities" were misleading and could be substantiated.
Response
sit-up Ltd t/a Bid TV said the presenter was referring to an article from the Daily Mail regarding London Fashion Week in which the journalist stated "... everyone backstage was wearing Klaus Kobec watches".
Assessment
Upheld
The ASA considered that most consumers would understand the claims "worn by some of the most famous people in the world" and "regarded and worn by many A-list celebrities" to mean that the watches were currently being worn by a number of celebrities. We also considered that consumers might be tempted to purchase the item on the understanding that they were popular with celebrities. We noted, however, that the article submitted was from September 2007 and therefore considered that it was not sufficient to show that the celebrities had been seen wearing the items recently. Because of that we concluded that the claims were misleading and in breach of the Code.
The claims breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.4
3.4
Standards set to secure the standards objectives [specified in para 3(e) above] shall in particular contain provision designed to secure that religious programmes do not involve:
a) any improper exploitation of any susceptibilities of the audience for such a programme; or
b) any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination."
Section
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.
6).
(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) and
3.12
3.12
Advertisements must not mislead by exaggerating the capability or performance of a product or service.
(Exaggeration).
Action
The ad must not be broadcast again in its current form. We told sit-up Ltd not to make claims regarding their products without sufficient evidence to substantiate them.
