Ad description
A direct mailing for the CareforAir Rainbow Breezeer air freshener, included an image of the CareforAir Rainbow Breezeer product and featured text that stated "COULD YOU DO WITH A NEW ONE OF THESE? GET YOUR 'BRAND NEW' RAINBOW BREEZER FREE. STOCK IS LIMITED DON'T MISS OUT - GET YOURS TODAY!"
Issue
The complainant, who understood that a purchase of £59.99 was required in order to qualify for the free item, challenged whether the reference to "free" was misleading.
Response
Concept2Commerce Ltd t/a CareforAir did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by CareforAir's 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.
Upheld
The Code stipulated that marketing communications must make clear the extent of the commitment consumers must make in order to take advantage of a "free" offer. We understood that a purchase of products at a cost of £59.99 was required in order to qualify for the "free" CareforAir Rainbow Breezeer product. Because the ad failed to make clear that a purchase of products at a cost £59.99 was required in order to qualify for the "free" item, we considered the ad was likely to mislead. We therefore concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free).
Action
The ad must not appear again in its current form. We asked CAP to inform its members of the problem with CareforAir.
