Background
Summary of Council decision:
Four issues were investigated all of which were upheld.
Ad description
Claims on two websites and a sponsored search for a comedy club:
a. The sponsored search ad featured text which stated "Award Winning Stand Up Comedy. Over 50% OFF Show & NiteClub Frm £8".
b. The website www.comedyclubbookings.com featured text on the "Show" page which stated "Award Winning Comedy". Text beneath the sub-heading "The Comedians" stated "Every night we have acts from TV and BAFTA nominated shows; many of them will be instantly recognizable, and none of them will be easily forgettable". Text beneath the sub-heading "The Club" stated "The London Comedy Club has received more than 100 recommendations, awards and top rated reviews from the media. We are the critics' choice". It also included a testimonial which stated "’Definitely the funniest show in London’ BBC".
Text beneath the sub-heading "Saturday Shows" stated "Show: standard price £25 for a limited time NOW ONLY £12 [You Save £13] Three Course Dinner & Show comedy and sumptuous dining: £32.50 [Massive discount]". Further text beneath the sub-heading "Friday Shows" stated "Show: standard price £17 for a limited time NOW ONLY £8 [You Save £9] Three Course Dinner & Show comedy and sumptuous fine dining: £27.50 [Massive discount]".
c. The website www.londoncomedyclubtickets.com included a number of testimonials on the home page beneath the heading "REVIEWS". Text stated "Definitely the funniest show in London BBC"; "Personally recommended by the London Evening Standard comedy critic Bruce Dessau London Evening Standard"; "Recommended as both critics' and comics' choice Time Out London"; "Rated "First rate" and "Hilarious" The Stage"; ""Amazing Venue" ***** Metro"; "’Unmissable’ ***** The Times"; "’A far classier proposition’ **** The Telegraph"; "’The funniest show’ ***** The Guardian"; "Voted as the best 4later resident comedy show Channel Four Television"; and "’First rate comedy show’ ***** Paramount Comedy".
Issue
Leviathan Entertainment Ltd challenged whether:
1. the testimonials and quotations taken from reviews were genuine; and
2. the discounted prices were genuine, because they believed that the tickets could not be purchased anywhere for the full price.
Leviathan Entertainment Ltd also challenged whether the following claims were misleading and could be substantiated:
3. "Award Winning Comedy"; and
4. "Every night we have acts from TV and BAFTA nominated shows".
Response
1. www.comedyclubbookings.com and www.londoncomedyclubtickets.com provided a list of quotations with references to the publications in which those quotations appeared;
2. screenshots from the ticket provider's website showing a number of bookings for their shows. They believed that demonstrated that the discounted prices were genuine;
3. a list of regular performers and a list of the awards they had won. They did not provide details of any awards that the show had won; and
4. a list of the TV shows in which the regular performers had appeared. They said a regular performer appeared in TooMuchTV, which was nominated for a BAFTA. However, they did not provide any evidence to support that.
Assessment
1. Upheld
The ASA noted that the Code required marketers to hold documentary evidence to demonstrate that the testimonials used in their ads were genuine. We noted the advertiser provided a list of quotations with references to the publications in which those quotations appeared. However, we had not seen any evidence to show that those quotations were made by those publications. We were therefore concerned that we had not seen sufficient evidence to demonstrate that the testimonials were genuine.
On that basis, we concluded that the ad breached the Code.
On this point, ads (b) and (c) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. 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 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsements and Testimonials).
2. Upheld
We acknowledged the screenshots from the ticket provider's website, however, we were concerned that we had not seen consumers' individual booking receipts for the shows. We noted ad (b) referred to tickets for a three-course dinner and show on both Friday and Saturday nights. We acknowledged that a number of the screenshots, from the ticket provider's website, listed tickets for a show and meal. However, we were concerned that we had not seen any evidence to demonstrate that the meal included with those tickets included three courses.
Because we had not seen sufficient documentary evidence to demonstrate that the discounted prices were genuine, we concluded that the ad was misleading and breached the Code.
On this point, ads (a) and (b) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. and 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).
3. Upheld
We noted ad (b) featured text, which stated "Award Winning Comedy"; "The Famous London Comedy Club brings you the best in Live Stand Up Comedy. Our Award Winning shows feature top comedians from the UK and International circuits" and "The London Comedy Club has received more than 100 recommendations, awards and top rated reviews from the media. We are the critics' choice. 'Definitely the funniest show in London' BBC". In that context, we considered consumers would understand the claim "Award Winning Comedy" to mean that the advertised show had won a number of awards. Because we had seen no evidence to demonstrate that, we concluded that the claim was misleading and breached the Code.
On this point, ad (b) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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).
4. Upheld
As noted in Point 3, ad (b) stated that the best and award winning comedians appeared in The Comedy Club's shows. In that context, we considered consumers would interpret the claim "Every night we have acts from TV and BAFTA nominated shows" to mean that all shows included several acts that were known TV performers or had taken a prominent role in a BAFTA nominated show.
We noted the list of TV shows that the regular performers had appeared in related to less well-known productions and performers. We also noted we had seen no documentary evidence to demonstrate that the performers had been booked to appear "every night", or, to show that the performers appeared in the TV shows listed.
Because we had seen no documentary evidence to show that comedians, who were well-known TV performers or had taken a prominent role in a BAFTA nominated show, had appeared at every show, we concluded that the claim had not been substantiated and therefore breached the Code.
On this point, ad (b) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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).
Action
The ads must not appear again in their current form. We told www.comedyclubbookings.com and www.londoncomedyclubtickets.com to ensure they had evidence to show that all testimonials and discounted prices were genuine in future. We also told them to ensure they held robust documentary evidence to support all claims that consumers are likely to regard as objective and that are capable of objective substantiation.
