Ad description
A radio ad, for Vitabiotics baby drops, featured a voice-over that stated "WellKid Baby Drops from Vitabiotics - the UK's number one vitamin company".
Issue
The complainant challenged whether the claim that the advertiser was the "UK's number one vitamin company" was misleading and could be substantiated.
Response
Vitabiotics Ltd provided UK sales data obtained by a third-party market researcher. The third-party market researcher explained that their data included all major trade channels and transactions at all major supermarkets, convenience outlets, independent chemists and the largest chemist retailers. They provided total value sales data that covered a 52-week period prior to the months of April and July 2013. They explained that the July data was the most up to date report available at the time the ad was broadcast in August 2013.
RACC believed the data obtained by a third-party market researcher substantiated the claim that Vitabiotics was the "UK's number one vitamin company".
Assessment
Not upheld
The ASA considered consumers would understand the claim that Vitabiotics was the "UK's number one vitamin company" to mean that Vitabiotics was the best selling vitamin company in the UK. Because the total value sales data demonstrated that, at the time the ad appeared, Vitabiotics were the best selling vitamin company in the UK over a 52-week period we considered the claim had been substantiated and therefore did not breach the Code.
We investigated the ad under BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 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), but did not find it to be in breach.
Action
No further action necessary.
