Background

Misleading Advertising: Kellys Vegies Ltd t/a My Farm Fresh Box breaks the UK advertising rules for offering a “FREE Trial Box” promotion for their fruit and vegetable delivery service on the www.myfarmfreshbox.co.uk website, which does not make clear that to obtain the “FREE Trial Box”, a customer needs to enrol into a paid subscription.

We have been working in partnership with other enforcement bodies about ads for “free trials” and other promotional offers which enrol customers into an ongoing subscription arrangement. As part of this work, we published our Guidance for Advertisers - "Free trial" or other promotional offer subscription models on 27 November 2017. Please also see our accompanying news story.

The ASA has consistently ruled, including against Kelly's Vegies, that any significant conditions of a promotion should be immediately visible and prominent. Significant conditions include the requirement that a customer must enrol into a paid subscription to claim the “free” trial, and the cost of the subscription.

In this case, the subscription costs a £4.99 membership fee plus the price of the customer’s chosen box plus the delivery charge per month. If a customer wishes to cancel following the “FREE Trial Box”, they must provide a cancellation email within four days of receiving the order (including delivery day). Customers who purchase fewer than four orders after receiving their “Free Trial Box” are subject to a £10 charge. These are all significant conditions that should be upfront.

The CAP Compliance team contacted Kelly’s Vegies but, in the absence of an assurance to comply with the Code, we took the decision on 18 May 2018 to place their company details on this section of the ASA website. These details shall remain in place until such time as Kelly’s Vegies has removed or appropriately amended their website to ensure compliance with the CAP Code.

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