Ad description

TV and poster ads for the film Bridget Jones’s Baby, seen in August 2016:

a. The voice-over in the TV ad stated, “Are critics falling for Bridget Jones’s Baby? …”. On-screen text showed various quotes and star ratings with the names of publications. The voice-over continued “It’s hilarious”, “Bridget at her best”, “Go, and then go again”, “Five stars”, at the same time as relevant quotes also appeared on screen.

b. The poster ad stated “‘You’ll laugh, you’ll cry and you’ll thank god for the return of Bridget. She’s never been sharper, funnier or warmer. Go. Go right now! And then go again’ Terri White Empire”.

Issue

The complainant, who understood that reviews of the film had not been published at the time he saw the ads, challenged whether the quotations were genuine.

Response

Universal Pictures International UK & Eire Ltd said that it was standard practice for film distributors to hold early screenings of films for journalists prior to public release, obtain short-form quotes from those journalists in attendance and use those quotes in the upcoming marketing campaigns for the relevant films. They stated that this usually occurred before full reviews were published, sometimes weeks in advance, due to the lead times on preparation and printing of marketing materials. In some instances, the short quotes provided initially did not appear in the final published reviews (the content of which were outside of the distributors’ control). Universal Pictures provided copies of emails from the journalists quoted in ads (a) and (b) containing their reactions to the film and their confirmation that the quotes could be used in marketing campaign material.

Clearcast said that they had checked with the agency and advertiser that they had received permission from the relevant publications to feature their quotes. They were satisfied that permission had been received and approved ad (a) on that basis.

Assessment

Not upheld

The ASA noted that the emails provided by Universal Pictures demonstrated that journalists from the publications quoted in ads (a) and (b) had supplied the featured quotations in response to an early screening of the film. We also noted that where the original quotations had been shortened, the sources had granted permission that the amended wording could be attributed to the individual journalist or to the publication, according to their preference. We therefore concluded that the quotations were genuine and the ads were not misleading.

We investigated ad (a) under BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising),  3.9 3.9 Broadcasters must hold documentary evidence to prove claims that the audience is 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) and  3.45 3.45 Testimonials or endorsements used in advertising must be genuine, unless they are obviously fictitious, and be supported by documentary evidence. Testimonials and endorsements must relate to the advertised product or service. Claims that are likely to be interpreted as factual and appear in advertisements must not mislead or be likely to mislead.  (Endorsements and testimonials), and ad (b) under CAP Code (Edition 12) rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising),  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) and  3.45 3.45 Testimonials or endorsements used in advertising must be genuine, unless they are obviously fictitious, and be supported by documentary evidence. Testimonials and endorsements must relate to the advertised product or service. Claims that are likely to be interpreted as factual and appear in advertisements must not mislead or be likely to mislead.  (Endorsements and testimonials), but did not find them in breach.

Action

No further action required.

BCAP Code

3.1     3.45     3.9    

CAP Code (Edition 12)

3.1     3.45     3.7    


More on