Ad description
A radio ad for Morrison's stated, "At Morrison's M Kitchen Takeaway Tikka Masala is half price, at £1.75, perfect for your Saturday night in. Morrison's. More of what matters" A voice at a faster speed than the rest of the preceding ad then said, "Most stores while stocks last. High price 27 Jan 17 Feb."
Issue
A listener challenged whether the final line "Most stores while stocks last. High price 27 Jan 17 Feb" was unintelligible, because it was spoken too quickly.
Response
Morrison's believed the final line of the ad was pronounced clearly and that the ad appeared to comply with current industry practice.
The Radio Advertising Clearance Centre (RACC) said that, while the final line was read faster than the main text which contained the offer, they nevertheless considered listeners would still have been able to hear the words.
Assessment
Upheld
The ASA considered that the final line, which included information about when and for how long the higher price had been charged, contained material information which needed to be presented to listeners in a clear and intelligible manner. We noted that the line was presented more quickly than the information in the rest of the ad and considered it was delivered too quickly and that the words were difficult to hear. Because of that, we concluded that the ad was misleading.
The ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising) and
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.11
3.11
Qualifications must be presented clearly.
BCAP has published Guidance on Superimposed Text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
http://www.cap.org.uk/~/media/Files/CAP/Help%20notes%20new/BCAP_Advertising_Guidance_Notes_1.ashx
(Qualification).
Action
The ad must not be broadcast again in its current form.
