Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
Three press ads and a website for Tru-Diamonds simulated-diamond rings:
a. The ad was headed "A £3,000 Three-Stone Ring for Less Than £30", above a large image of the ring. Smaller text above stated "Experience the magic and romance of the Tru-Diamonds illusion". Further text stated "This radiant 1-carat TRU-DIAMONDS™ Three-Stone Ring gives you the look and feel of an expensive, £3,000 diamond ring for only £29.97 - or 3 easy, interest-free payments of £9.99" and "On your hand, the Tru-Diamonds™ gems in this stunning Three-Stone Ring look so much like expensive, top-grade mined diamonds that even a jeweller won't know without closer inspection or special testing. Similar rings crafted in diamonds and gold retail at over £3,000 but this stunning Three-Stone Ring with genuine Tru-Diamonds™ is yours for just £29.97 - or three easy, interest-free, monthly payments of £9.99 on your card. That's an astonishing saving of £2,970.00!"
b. The ad was headed "A Stunning £8,000 Three-Stone Ring for only £39". Smaller text underneath stated "This 2-carat Tru-Diamonds 3-Stone Ring gives you the look and feel of an expensive £8,000 diamond ring for only £39 - or 3 easy payments of £13". Text next to an image of the ring stated "SAVE OVER £7,950".
c. The ad was headed "A Stunning £11,000 Three-Stone Ring for only £39". Smaller text underneath stated "This 2-carat Tru-Diamonds 3-Stone Ring gives you the look and feel of an expensive £11,000 diamond ring for only £39". Text next to an image of the ring sated "SAVE OVER £10,950".
d. The Tru-Diamonds website, www.trudiamonds.co.uk, included a web page headed "TESTIMONIALS" that listed a number of testimonials about their products and company. The page included testimonials from DR, JB, LG, PS, BB, KF and DG.
Issue
Four complainants challenged whether the following claims were misleading:
1. "A £3,000 Three-Stone Ring for Less Than £30" in ad (a) and "A Stunning £8,000 Three-Stone Ring for only £39" in ad (b); and
2. "That's an astonishing saving of £2,970.00!" in ad (a), "SAVE OVER £7,950" in ad (b) and "SAVE OVER £10,950" in ad (c).
3. One complainant also challenged whether the testimonials in ad (d) were genuine.
Response
1. Monark Global Ltd t/a Tru-Diamonds said that the claim in ad (a) "A £3,000 Three-Stone Ring for Less Than £30" was immediately followed by the sub-header ""This radiant 1-carat TRU-DIAMONDS™ Three-Stone Ring gives you the look and feel of an expensive, £3,000 diamond ring for only £29.97" and that this was clarified further in the next paragraph. They said the claim in ad (b) "A Stunning £8,000 Three-Stone Ring for only £39" was similarly qualified. They said they did not believe the claims were likely to mislead consumers.
2. Monark Global said they made very clear in the ads that the claims "That's an astonishing saving of £2,970.00!", "SAVE OVER £7,950" and "SAVE OVER £10,950" were referring to the price difference between their product (with the look of diamond) and a top-grade mined diamond. They said they did not believe the claims were misleading.
3. Monark Global said that all of the testimonials featured on their website were unsolicited letters and e-mails received from customers. They provided information in relation to seven testimonials on their website. They said that they did not store testimonials that were more than two years old. They said that one testimonial was submitted directly to a teleshopping website and so they did not have the details on file.
Assessment
1. Upheld
The headline claims "A £3,000 Three-Stone Ring for Less Than £30" and "A Stunning £8,000 Three-Stone Ring for only £39" were followed by text that stated they were offering "the look and feel of an expensive … diamond ring". However, the ASA considered that the claims implied the advertised rings were worth £3,000 and £8,000 and that the subheaders contradicted rather than clarified that impression. We therefore concluded that the claims were misleading.
On this point ads (a) and (b) 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
3.17
3.17
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication.
(Prices).
2. Upheld
We noted that text elsewhere in the ads stated that the advertiser was offering the "the look and feel of an expensive … diamond ring". However, we considered that the claims "That's an astonishing saving of £2,970.00!", "SAVE OVER £7,950" and "SAVE OVER £10,950" implied that the advertisers were offering a saving over the genuine retail value for the products when that was not the case, and that the other text contradicted rather than clarified that impression. We therefore concluded that the claims were misleading.
On this point ads (a), (b) and (c) 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
3.17
3.17
Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication.
(Prices).
3. Upheld
We had randomly selected seven testimonials from ad (c) and asked the advertiser to provide us with evidence to demonstrate they were genuine. In relation to two of the testimonials, from DR and JB, they provided us with copies of the e-mails and also with their addresses and ordering history from their database. We therefore concluded the evidence was sufficient to demonstrate that those testimonials were genuine.
In relation to the remaining five testimonials from LG, PS, BB, KF and DG, Monark Global were unable to provide us with copies of the original testimonials because they did not keep such records for longer than two years. We therefore concluded that they had not provided evidence that they were genuine.
On this point ad (d) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. and 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsements and testimonials).
Action
The ads must not appear again in their current form. We told Monark Global not to state or imply their products had a specific monetary value unless that was genuinely the case, and to ensure that savings claims did not mislead. We also told them to ensure they held evidence that all testimonials featured were genuine.
