Ad description
A local press ad, headed "New General Manager pledges to keep Bannatyne's Health Club at heart of the community", stated "Bannatyne's Health Club in Banbury, which raised over £5,000 to pay for some specialist running blades for a budding Paralympic athlete, has welcomed an experienced health and leisure professional as its new General Manager. Banbury's leading health club, which raised the funds to help realise the ambition of brave nine-year-old Daisy Pashley, who had to have her limbs amputated after contracting meningitis three years ago, has appointed Alvin Ward as General Manager. Alvin, who is keen to continue the club's inclusive community-minded ethos, previously served as Bannatyne's Health Club in Shrewsbury's Fitness Manager...".
Issue
The complainant challenged whether the ad was misleading, because it implied the advertiser was responsible for organising the charitable event when that was not the case.
Response
Bannatyne Fitness Ltd said their Banbury Club ("the Club") undertook a number of charitable events throughout the year. The ad referred to an event in which the Club played a pivotal role. They said they had provided the venue and car parking for the event, the spin bikes, public liability insurance, six spin instructors and personal trainers to oversee and supervise the event, that staff had collected donations from members and visitors to the Club, and the Club's cafe had provided refreshments (although a charge was made for the food provided). They felt it was therefore appropriate and justified to mention the Club's role in the ad, which also referenced a Spinathon which had taken place at the Club in aid of another charity. They referenced other planned charitable events, for which they said their staff oversaw the organisation and group participation. They said they were willing to exclude mention of the Spinathon in aid of Daisy Pashley from future ads as they had no wish to undermine the underlying intent of the event, of raising money and promoting worthy causes.
Assessment
Upheld
The ASA understood there was dispute between the Club and the complainant as to the extent to which the Club had been involved in the running of the event, but we also understood the Club did not disagree that the complainant had been involved in its conception and organisation.
We noted the ad stated that the Club had "raised over £5,000" and "raised the funds" to help purchase the running blades, which we considered implied that the Club and its staff had organised and funded the event and had been instrumental in organising participation and sponsorship. Whilst we acknowledged the Club had provided help in organising and running the event, we concluded the overall impression created by the ad exaggerated the Club's involvement.
The ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation).
Action
The ad must not appear again in its current form. We told Bannatyne Fitness to ensure they did not in future exaggerate their involvement in the running of events held at their facilities.
