Background
Ad description
A promotion on Andrex packaging, featured text boxes which included various offers. One text box was in the format of a Tesco Clubcard and stated "30 CLUBCARD POINTS". Further text stated "FREE GIFT WITH EVERY SHOP* See back of pack for details *Only 1 gift voucher per Tesco shop, some gifts require Clubcard subscription. Promotion available between XX/XX/XXXX and XX/XX/XXXX. Open to residents of the UK, CI and IOM aged 18 or over, other exclusions apply. See side of pack for terms and conditions." The side of the pack stated "Terms and conditions for free gift: ... 4. Scan your promotional pack at the checkout to receive a gift voucher, which can be used to claim a gift ... 5. ... Gifts will vary each week but will consist of either Clubcard Points, a money off next purchase coupon or a free Kimberly-Clark product, as specified on the voucher at the time of issue. For a full list of gifts and dates please visit www.andrex.co.uk/tescogiveaway ... 10. Gift vouchers cannot be redeemed at the time of issue but must be redeemed with your next Tesco shop, within two weeks of receipt of the gift voucher."
Issue
The complainant challenged whether the claim "FREE GIFT WITH EVERY SHOP" was misleading, because in order to receive the 30 Clubcard Points, consumers were required to make a further purchase.
Response
Tesco said they intended to offer an automatic credit of Clubcard points to the customer's Clubcard account at the point of sale. However, they said that after the promotion had been set up and the promotional material printed, they encountered problems with their system crediting Clubcard points to their customers' Clubcard accounts. They said that upon becoming aware of the issue, they decided to provide the customer with a coupon for the value of the Clubcard points, which could be redeemed when the consumer purchased a further Andrex or Kleenex product. They said the website was updated to make clear that the Clubcard points gift required an additional purchase.
Kimberly-Clark said it was intended that 30 Clubcard points were automatically credited to the consumer's Clubcard account upon the initial purchase of the qualifying product. They said that when the promotion was ready to go live, Tesco encountered problems with their systems, which meant that they could not automatically credit the Clubcard points to a consumer's Clubcard account, as advertised. They said that due to limitations of the Tesco system, it was not possible to print a voucher for Clubcard points without assigning those points to the purchase of a specific product. They pointed out that it was not economically feasible to withdraw the promotion in its entirety, but said they made clear the amended details of the promotion, within the terms and conditions on their website. They also said that to provide consumers with the widest possible choice, the Clubcard points were assigned to the purchase of all Andrex and Kleenex products.
Assessment
Upheld
The ASA acknowledged Tesco and Kimberly-Clark's comments that they did not intend to mislead. However, we noted the Code required promoters to avoid causing unnecessary disappointment.
We considered consumers would understand the ad to mean they were eligible to receive 30 Clubcard points, at no additional cost. We acknowledged that due to technical difficulties, Tesco were unable to do that. We also acknowledged that the promoters provided customers with a voucher for the 30 Clubcard points, which could be redeemed when the consumer purchased a further Andrex or Kleenex product, and had amended the terms and conditions online to make that clear. However, we were concerned that those steps were not sufficient to avoid causing unnecessary disappointment. In particular, we were concerned that consumers were required to make an additional purchase from a limited range of products in order to benefit from the advertised Clubcard points and that details of the amended offer had not been made clear to consumers in store. For those reasons, we concluded that the promotion caused unnecessary disappointment and breached the Code.
The ad 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),
3.23
3.23
Marketing communications must make clear the extent of the commitment the consumer must make to take advantage of a "free" offer.
(Free) and
8.2
8.2
Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.
(Sales promotions).
Action
The ad must not appear again in its current form. We told Tesco and Kimberly-Clark to ensure they avoided causing unnecessary disappointment in future.
