The ASA has recently considered complaints about three Facebook ads for HIKE footwear. The issues concerned claims about a money back guarantee, whether testimonials were genuine and whether the medical claims made could be backed up. These are all perennial issues which advertisers often get wrong.
So what happened here? The ads included the claims such as:
- Enhanced Sensory Feedback ... Reduced Pressure Points ... Improved Circulation.
- MONEY BACK 100% GUARANTEE.
- DOCTOR-RECOMMENDED SOLUTION FOR PLANTAR FASCIITIS ... Reduced pressure points ... Strengthens Foot Muscles ... Natural Foot Movement.
- Barefoot shoes for better health.
One advertisement featured a video of a man in a white doctor's coat. He explained that HIKE footwear could improve foot pain and conditions such as neuropathy, plantar fasciitis, arthritis and bunions. The ads also included testimonials.
The complainant challenged whether the claim "100% MONEY-BACK GUARANTEE" was misleading, because they had been unable to claim under the guarantee. In addition, the ASA challenged both (a) whether the ads made medical claims for unlicensed products; and (b) if the testimonials were genuine.
HIKE said they had removed the ads and said they would make sure that they would not be published again. They explained they would review their advertising practices to prevent similar problems arising in future. They further said that they had no record of the customer requesting their money back as part of their return policy. HIKE said that the testimonials were genuine reviews from their customers on their store and a review platform.
Guarantees
The CAP Code states that marketing communications must not use the word "guarantee" in a way that could confuse consumers about their rights and that marketers must promptly refund consumers who make valid claims under an advertised money-back guarantee.
The ASA considered that consumers would understand the claim "100% MONEY-BACK GUARANTEE" to mean that they could receive a full refund if they were not happy with the product. As the ASA saw no evidence from HIKE Footwear that they honoured the guarantee, and the complainant provided information showing that they had contacted HIKE numerous times enquiring about how to return the product, the ASA concluded that the claim "100% MONEY-BACK GUARANTEE" was misleading and breached the CAP Code.
Medical claims
The CAP Code states that medicinal or medical claims and indications may only be made for a medicinal product licensed by a regulator such as the Medicines and Healthcare products Regulatory Agency ('MHRA').
The ASA considered that consumers would interpret claims such as "Improved Circulation" and the claims spoken by the character in the white coat as medical claims.
As the ads made medical claims, the products needed to meet the requirements for medical devices but they were neither registered nor had the applicable conformity marking. The ads therefore breached the CAP Code.
Testimonials
The CAP Code says that marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and the advertiser must hold contact details for the person who gave it.
The ASA considered that consumers would assume the testimonials in the ads were genuine. HIKE had said that the testimonials were authentic, but the ASA did not receive corresponding evidence and did not receive contact details for the people who gave them. Furthermore, the testimonials were exactly the same, despite being attributed to different people. Therefore the ASA considered that they were misleading and breached the CAP Code.
Lessons from this ruling
There are several key points to note from this ruling:
- If you offer a guarantee, you need to make sure that you honour it. It's interesting that the complainant contacted the ASA here, rather than trading standards to raise a point of consumer law.
- If you make medical claims, make sure the products have the applicable conformity marking and are registered with the MHRA or other appropriate regulator.
- And finally, you need to ensure that any testimonials are genuine (and hold evidence that they are).
"We told Hike Future Ltd t/a HIKE Footwear to ensure that future ads did not claim there was a 100% money-back guarantee if not all valid refund requests were honoured. We told them not to make medical claims for products that did not have the applicable conformity marking and were not registered with the MHRA. Furthermore, they should not imply testimonials were genuine if that was not the case."
https://www.asa.org.uk/rulings/hike-future-ltd-a24-1238532-hike-future-ltd.html
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