Background

Summary of Council decision:

Four issues were investigated, all of which were Upheld.

Ad description

A website, www.scottalexander.tv, and a leaflet for Alexander Lifestyle Services:

a. The website, www.scottalexander.tv, featured text which stated "… He successfully set up the UK's leading luxury car importer business, which saw annual revenues of £150M … The Ultimate Lifestyle Company Inc. oversaw the sale or bridge of over 25,000 units for its clients … ".

b. The leaflet, was headed "ALEXANDER - EMPOWERMENT Life Coaching" and featured a photograph of Mr Scott Alexander. Text beneath the heading "THE SERVICE: HOW I EMPOWER YOU" stated "… My entrepreneur bullet points: UK's biggest car import business with turnover exceeding £150m: Award winning (North West Entrepreneur most outstanding business 2006) property development company (including Kontiki Hotel group value 55m euros) ...".

Issue

The complainant challenged whether the following claims were misleading and could be substantiated:

1. "He successfully set up the UK's leading luxury car importer business, which saw annual revenues of £150M";

2. "The Ultimate Lifestyle Company Inc. oversaw the sale or bridge of over 25,000 units for its clients";

3. "UK's biggest car import business with turnover exceeding £150m"; and

4. "Award winning (North West Entrepreneur most outstanding business 2006) property development company (including Kontiki Hotel group value 55m euros)".

Response

Alexander Lifestyle Services did not provide a written response to the complaint.

Assessment

The ASA was concerned by Alexander Lifestyle Services' lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and we told them to do so in future.

1., 2., 3. & 4. Upheld

In the absence of robust substantiation to support the claims, we concluded that the claims breached the Code.

On points 1 and 2, ad (a) breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are 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). On points 3 and 4, ad (b) breached CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising) and  3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are 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).

Action

The ads must not appear again in their current form. We referred the matter to the CAP Compliance team.

CAP Code (Edition 12)

3.1     3.7    


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