This article provides a selection of the most interesting ASA
adjudications from October and a summary of the key issues
considered in those adjudications.
This month the ASA considered number one claims from Virgin Media,
"truly unlimited internet" claims from T-mobile, and
looked at the sufficiency of tests used to substantiate claims that
a detergent has "unbeatable results" and that using a
particular fuel can save consumers money. In addition, this month
sees, for the first time, the ASA identifying on its website
traders who have continued to make claims on their digital sites
that do not comply with the Codes, despite repeated requests for
changes from the ASA compliance teams. Five traders were listed in
October: Vistaprint, Samantha Pearce, Life Healthcare, Allan
Sweeney and Home Shopping Selections Ltd.
Click here to view the snapshot in full.
ADJUDICATIONS
COMPUTERS AND TELECOMS
1. Virgin Media Limited, 19 October 2011
(The ASA upheld a complaint against a claim that Virgin Media's
broadband was "best" for gaming as a result of evidence
that the service suffered from significant jitter which affected
game performance)
2. Everything Everywhere Ltd t/a T-Mobile UK,
5 October 2011 (Claims for "Truly unlimited internet"
were found to be misleading on the basis that they were subject to
restrictions which contradicted the absolute nature of the
claims)
3. PlusNet plc, 19 October 2011 (The ASA
considered an advert for broadband prices to be misleading because
qualifying text such as "from" and "conditions
apply" was not sufficient to make clear to the consumer the
significant conditions affecting the offer price)
4. Telecoms World plc, 5 October 2011 (The
ASA upholds a complaint against an unsubstantiated claim that an
additional element is a requirement and notes that additional
non-optional costs should be made clear)
COSMETICS
5. PZ Cussons (UK) Ltd, 26 October 2011 (The phrase "in just seconds" could mean anything up to 59 seconds (as opposed to just a few seconds), therefore on-screen text stating "tested in 30 second conditions" qualified, but did not contradict, the main claim)
LEISURE
6. LivingSocial Limited, 12 October 2011
(The ASA upholds another decision against a discount site on the
basis that the discount was exaggerated)
7. Merlin Attractions Operations Ltd, 19
October 2011 (Prices quoted should include all non-optional charges
and VAT)
HOUSEHOLD
8. The Island Furniture Company, 12
October 2011 (The ASA upholds a decision against an advert implying
that an offer is ending imminently, when in fact the offer had
appeared for several months)
9. Unilever UK Limited, 5 October 2011
(Claims in an advert for Small & Mighty detergent that the
product had "unbeatable results" were found to be
misleading because trials only tested the product against
competitor liquid and gel detergents, whereas the claim implied
that the product had been compared with all types of detergent)
ENERGY
10. Apple Panels Ltd t/a apple Solar
Energy, 19 October 2011 (Various claims about the benefits
of a solar panel system were found to be misleading for lack of
adequate substantiation)
11. Shell UK Limited, 19 October 2011 (The ASA considers whether tests on a small number of cars are sufficient to substantiate general fuel savings claims)
FASHION
12. LensWay Inc, 12 October 2011 (The ASA finds a claim for "free" glasses misleading because consumers were required to pay shipping, handling and insurance costs)
This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq
Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.
The original publication date for this article was 25/11/2011.