A letter from Beer52, received on 12 December 2020, was sent enclosed in a white windowed-envelope, through which the recipient's address was visible.
IssueThe complainant challenged whether the ad was obviously identifiable as a marketing communication.
ResponseBeer52 Ltd said that they would strive to make sure that in the future their envelopes were correctly labelled so that they were recognisable as marketing materials.
The CAP Code stated that marketing communications must be obviously identifiable as such. The ASA welcomed Beer52’s assurance that the envelopes used in their future marketing campaigns would be labelled as such. However, in this instance we noted there was nothing on the envelope in which the ad was sent to identify that it contained a marketing communication. Because of that, we concluded that the ad breached the Code.
The ad breached CAP Code (Edition 12) rule 2.1 2.1 Marketing communications must be obviously identifiable as such. (Recognition of marketing communications).
The ad must not appear again in its current form. We told Beer52 Ltd to ensure their future direct mailings were obviously identifiable as marketing communications.