Ad description
A leaflet, for an Indian restaurant, stated "£10 Gift Voucher Terms & Conditions: This voucher is use Eat in only One voucher valid for one time No other offer conjunction [sic] with this voucher".
Issue
A customer challenged whether the leaflet was misleading, because he was told that a minimum spend of £40 was required to redeem the offer.
Response
Shapla Indian Restaurant did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Shapla Indian Restaurant's lack of response and apparent disregard for the Code, which was a breach of the CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to provide a substantive response to our enquiries and told them to do so in future.
The CAP Code requires marketing communications to state significant limitations and qualifications to advertised offers and we considered that a minimum spend requirement to redeem a voucher was an important condition that would need to be included in the advertising.
We noted the leaflet did not state that a minimum £40 spend was required and, because the complainant had been unable to redeem his voucher without spending £40, we considered that the leaflet was likely to mislead consumers about the nature of the offer. We therefore concluded that the leaflet breached the Code.
The leaflet 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),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) and
8.2
8.2
Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.
(Sales promotions).
Action
The leaflet must not appear again in its present form. We told Shapla Indian Restaurant to ensure that they include all significant limitations and qualifications to their offers in their advertising. We referred the matter to CAP's Compliance team.
