Ad description
A teleshopping ad for a gold, oval link belcher neckchain was broadcast for sale on Bid TV for £29.99. On-screen text stated "Hallmarked 9ct Yellow Gold Oval Link Belcher Neckchain UK P&P £7.99". The presenter stated, "It's not far short of two grams. It's twenty inches. Belcher links"; "At £120 one would expect surely twenty inches nigh on two grams"; "We've lost here, let's be quite clear about this, this is a loss leader. At £60 or £70 one would envisage for nigh on two grams, belcher link, solid gold" and "Do not miss it. Ladies, treat yourself. Gents, treat yourself. Not only because of the weight of it, not only because it's twenty inches, not only because it's a Belcher link".
Issue
A viewer, who had purchased the item, challenged whether the claims that the item weighed not far short of 2 g and similar were misleading and could be substantiated, because she had had the item weighed and was told the weight was 1.4 g.
Response
sit-up Ltd t/a Bid (Bid) said the host had misread the weight of the item as 1.8 g rather than 1.4 g and had mistakenly rounded it up. They said they had undertaken retraining for the presenter and that in future the weight of any similar products would be displayed in on-screen graphics.
Assessment
Upheld
The ASA welcomed the action Bid had taken to prevent similar situations arising in future. However, we considered that if the weight of an item being sold as solid gold was described as being not far short of 2 g, that was likely to have been a significant factor in a viewer's decision to purchase it. Because the weight of the item had been described incorrectly and was significantly short of what was claimed, 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. (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 welcomed the action Bid had taken to prevent similar situations arising in future.
