Ad description

A TV ad for a firm of personal injury and medical negligence lawyers depicted scenes of road accidents, accidents at the workplace and work-related illnesses. A patient was then shown being tended to in a hospital bed and the voice-over stated, "... visit NHSLaw.co.uk. We specialise in all types of personal injury claims. We also have 15 years' experience in medical negligence, including dental negligence, surgical errors, maternity care failure, hospital and care home neglect and GP negligence." A scrolling list of each of those claim types was presented on screen in blue writing against a background image showing medical implements. Towards the end of the ad, the voice-over stated, "Call Neil Hudgell Solicitors today on [phone number] and speak to one of our specialist lawyers ... or visit NHSLaw.co.uk. Neil Hudgell Solicitors - serious about rebuilding lives."

Issue

Ten complainants challenged whether the ad was misleading, because it implied a link between Neil Hudgell Solicitors and the National Health Service which was likely to add legitimacy to, and increase trust in, the advertised business.

Response

Clearcast responded on behalf of both parties. They said the advertiser's name shared the same initials as the National Health Service, but they considered that that was the only similarity between the two. They noted that the ad encouraged viewers to enquire about claiming compensation for accidents that weren't their fault and in instances of medical negligence, and said it would not make sense for the National Health Service to invite such claims against either their own service or third-party medical practices. They also pointed out that the full name "Neil Hudgell Solicitors" was spoken in the voice-over of the ad, and stated that that qualified the earlier references to "NHS Law", with the effect of making clear to any viewers that had been unsure as to the meaning of that term that it reflected the initials of the advertiser. They noted that the logo of the National Health Service did not appear at any time in the ad and said there was similarly no implication that Neil Hudgell Solicitors were endorsed or authorised by the National Health Service.

Assessment

Upheld

The ASA considered that most viewers would be likely to associate the initials "NHS" with the National Health Service, and that where they were used in ads dealing with a medical subject matter particular care was therefore needed to ensure that the ads did not confuse as to the identity of the marketer or the extent of any affiliation with, or link to, the National Health Service. We noted that a significant portion of the voice-over and visual imagery of the ad focused on medical claims.

The term "NHSLaw", included as part of the website URL in on-screen text featured throughout the ad, was intended to reflect the initials of the company trading name, Neil Hudgell Solicitors. We considered that the use of blue font against a white background for the URL was reminiscent of the colour scheme and logo of the National Health Service, and particularly because the initials were rendered in upper-case lettering. In addition, we were concerned that when the trading name "neil hudgell solicitors" was presented on screen towards the end of the ad, it appeared in lower-case lettering and with a different colour scheme to that of the website URL. We considered that the connection between the two was not sufficiently clear and, therefore, that the ad misleadingly implied a link between Neil Hudgell Solicitors and the National Health Service that was likely to add legitimacy to, and increase trust in, the advertised business.

The ad breached BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising) and  3.47 3.47 Advertisements must not display a trust mark, quality mark or equivalent without the necessary authorisation. Advertisements must not claim that the advertiser (or any other entity referred to in the advertisement), the advertisement or the advertised product or service has been approved, endorsed or authorised by any person or body if it has not or without complying with the terms of the approval, endorsement or authorisation.  (Endorsements and testimonials).

Action

The ad must not be broadcast again in its current form.

BCAP Code

3.1     3.47    


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