Ad description
The website www.life-clinic.co.uk, seen on 28 September 2016, included a welcome message and quote from Cliff Le Clercq. Text on the home page stated "Member of: The British assc.counselling & psychotherapy B.A.C.P". Further down the page, the logo of the BACP was displayed alongside the logos of other organisations.
Issue
The British Association for Counselling & Psychotherapy (BACP) challenged whether the claims that Life Clinic and/or Cliff Le Clercq was a member of BACP, and the use of the BACP logo, breached the Code.
Response
Cliff Le Clercq t/a Life Clinic did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Life Clinic's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
The CAP Code stated that ads must not display a trust mark, quality mark or equivalent without the necessary authorisation. Also, they must not claim that the marketer has been approved, endorsed or authorised by any public or other body if it has not. We understood from the BACP that neither Life Clinic nor Cliff Le Clercq were members of its organisation and did not have permission to use its logo. We therefore concluded that the use of the BACP logo and the claim to be a member of that organisation breached the Code.
The ad breached CAP Code (Edition 12) rule
3.5
3.5
Marketing communications must not materially mislead by omitting the identity of the marketer.
Some marketing communications must include the marketer's identity and contact details. Marketing communications that fall under the Database Practice or Employment sections of the Code must comply with the more detailed rules in those sections.
Marketers should note the law requires marketers to identify themselves in some marketing communications. Marketers should take legal advice.
(Endorsements and testimonials).
Action
The ad must not appear again in its current form. We told Cliff Le Clercq and Life Clinic not to use the BACP logo without the necessary authorisation in future, or to claim to be a member of the BACP if it was not.
