Background
Summary of Council decision:
Two ads were investigated, of which one was Upheld and one was Not upheld.
Ad description
Ads promoted a limited-edition coin:
a. A TV ad stated "This year marks the 70th anniversary of the Dambusters raid. To honour this legendary chapter in RAF history, we are pleased to announce the release of a new £5 coin. This coin can be yours today for just its face value, £5 ... This new £5 coin is the only officially licensed coin issued to celebrate the 70th anniversary. To reserve your Dambusters 70th anniversary £5 coin for just £5, simply log on to [website] ...". The coin was featured throughout, whilst on-screen text stated "£5 coin for just £5". The voice-over continued, "The new Dambusters 70th anniversary £5 coin is not only the perfect way to commemorate this important moment in the RAF's history, but it is also a valuable heirloom", whilst on-screen text stated "Historic Heirloom" and smaller text stated "Legal tender only in Guernsey". The voice-over then stated, "So don't delay" and provided contact details for ordering the coin. On-screen text stated "£5 coin for just £5".
b. A press ad featured an image of both sides of the coin overlapping. Headline text stated "the official NEW £5 coin". A text-box placed over a portion of the coin image stated "face value offer £5 for £5". Further information about the coin was provided and small print next to the coin image stated "Legal tender only in Guernsey".
Issue
1. One viewer challenged whether ad (a) was misleading because the coin was not legal tender in the UK; and
2. One complainant challenged whether ad (b) was misleading on the same basis.
Response
1. & 2. 288 Group trading as The Westminster Collection (Westminster Collection) said the wording 'legal tender only in Guernsey' had been included in the ad to make clear where the coin could be used and there was particular emphasis on the word 'only', which was used to make it clear it was not legal tender elsewhere. They said the ad did not make links to, or suggest that, the coin was UK legal tender.
1. Clearcast said they had sought substantiation from the advertiser that the coin was legal tender in Guernsey only. They said it was clear from the ad that the coin was for commemorative purposes, although it could theoretically be used to purchase goods or services in Guernsey. They believed the ad did not give the impression that the coin was for general circulation in the UK.
Assessment
1. Upheld
The ASA understood that the coin being promoted was a collectors' coin and had been released as a commemorative coin to celebrate the 70th anniversary of the Dambusters raid. We noted that the ad stated that the face value of the coin was £5 and the voice-over and prominent on-screen text stated "£5 coin for just £5" on several occasions. We considered that some viewers would understand from those references that the £5 coin could be used to make purchases to the value of £5 in the UK. Although we acknowledged that £5 coins were not commonly used as legal tender throughout the UK and the ad featured small text which stated "Legal tender only in Guernsey", we considered that that small text appeared on screen only briefly and noted it did not appear when the voice-over claims stated "£5 coin for just £5". We therefore considered that the on-screen text in the ad was not sufficient to make clear that the coin was not legal tender in the UK and concluded that the ad was misleading.
The ad breached BCAP Code rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. and 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Qualification).
2. Not upheld
The ASA noted that the claim "£5 for £5" obscured the text "Bailiwick of Guernsey" on the coin featured in the ad, but acknowledged that small print near the coin stated "Legal tender only in Guernsey". We noted that £5 coins were not commonly used as legal tender in the UK and considered that the overall presentation of the press ad suggested that the coin was a commemorative coin for collectors. We therefore considered that consumers would understand that the coin was not legal tender in the UK and was only legal tender in Guernsey, and concluded that the ad was not misleading.
We investigated the ad under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.9 and 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Qualification), but did not find it in breach.
Action
Ad (a) must not be broadcast again in its current form.
