A paid-for post on Instagram for Z Day, a computer game brand, seen on 8 September 2018, featured the text “My friends wouldn’t stop recommending this game to me. Eventually I gave in and now I can’t stop …”. The post featured a still image of a game that appeared to be an image of the game being played. At the bottom of the image, text stated, “ZDAY … HEARTS OF HEROES”. Below the image, the post included a link to play the game.
The complainant challenged whether the ad misleadingly used imagery that did not appear in the game.
Funplus Interactive responded that the ad was prepared by one of their external partners. They said they would remove the ad.
The ASA considered that consumers would interpret the image in the ad to be an image of the game. We understood, however, that the image was actually from a different game.
Funplus Interactive had told us that the ad was prepared by an external agency. However, we considered that Funplus Interactive were responsible for the ad and ensuring that it complied with the Code.
Because the ad contained an image of a game that was not Z Day, we concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rule 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising).
The ad must not appear again in the form complained of. We told Funplus Interactive to ensure that they used imagery which reflected the actual gameplay in their advertising.