Note: This advice is given by the CAP Executive about non-broadcast advertising. It does not constitute legal advice. It does not bind CAP, CAP advisory panels or the Advertising Standards Authority.
In 1999, after ASA decisions about envelopes that misled or offended recipients either because of their presentation or because of specific misleading claims, CAP produced the Help Note on Claims on Envelopes. The Help Note gives practical advice on the types of claims and approaches that are likely to be acceptable and those approaches that are likely to mislead or offend recipients. Claims can legitimately entice consumers to open envelopes but, in doing so, should not go so far as to breach the Code. In short, marketers should not mislead about the source, content or nature of mailings. Claims should not exaggerate the importance of the mailing or the status of the information enclosed. And special care should be taken if marketers choose not to include their name, logo or other identifying mark on the envelope. Promoters of prize draws should be careful when making claims that are visible through the windows of envelopes: partly-seen claims can mislead recipients.
As well as enticing recipients to open the envelope, marketers who send material that consumers might not want to see, for example, charity mailings that use images some might find upsetting, should use the envelope to warn about the content. In 2007, the ASA upheld a complaint about a mailing, for pornographic material, that did not warn recipients about the content (Indiana BV, 24 October 2007).
The Help Note contains five sections:
Firstly, it deals with envelopes that masquerade as social correspondence, for example by using hand-written text or printed styles, postage stamps or other types of presentation that consumers often associate with social or personal correspondence. In 2006, the ASA upheld complaints about a campaign that featured “handwritten” text. It concluded that the approach could mislead (Lloyds TSB Bank plc, 25 October 2006). Also that year, the ASA ruled against a mock birthday card, from a charity, that was sent in an envelope with a “handwritten” typeface and a stamp (NSPCC, 1 March 2006).
Secondly, the Help Note advises against envelopes that misleadingly masquerade as official correspondence: claims such as "Final Reminder", "Security Tabbed Documents Enclosed" and "Penalty Notice Enclosed" are likely to mislead about the importance of an envelope’s contents. For example, in 2006 the ASA ruled against claims such as "FINAL NOTICE", "URGENT" and "PRIORITY HANDLING UPON RECEIPT" because they exaggerated the value and importance of what was on offer (Compass Global Warehousing and Delivery, 12 April 2006).
Thirdly, the Help Note comments on envelopes that masquerade as private commercial correspondence; claims such as "Important: Your Policy Documents Enclosed", "Private (or Personal) & Confidential", "Official Notice or Official Documents Enclosed" should be avoided as they are likely to misleadingly imply that mailings contain private information;
Fourthly, the Help Note advises against envelopes that contain other misleading claims, including those that wrongly imply that mailings have been sent by recorded or express delivery. Promoters that are seeking to entice recipients to respond before a closing date should avoid the temptation to mark envelopes as “urgent” or requiring “immediate attention” or similar. .
Finally, the Help Note deals with envelopes that alarm or offend or contain content that might alarm or offend, for example "Enclosed: Medical Test Results" and "Important: You Are At Risk". In 2008, the ASA upheld complaints about a rigid brown envelope that resembled a medical records folder. Bold text in red stated "X-RAY FILM PLEASE DO NOT BEND". Text in the bottom-left corner of the envelope gave a reference number and a date that seemed to be handwritten. The reverse of the envelope featured small text that stated "If undelivered, please return to: Friends Provident ...". The ASA considered that the envelope was likely to alarm and distress and was misleading to recipients. It considered that the advertiser’s name on the back of the envelope did not counter the initial impression created by the presentation of the mailing (Friends Provident Life and Pensions Ltd, 26 March 2008). In 2006, the ASA upheld complaints about a mailing that claimed “IF YOU HAVE BROWN EYES, YOU’RE MORE LIKELY TO DIE YOUNG” on the front of the envelope. Because the mailing might be seen by children who did not understand the full message, the ASA concluded that the envelope claim could cause undue fear and distress (Save the Children Fund, 11 October 2006).
Last modified : 29 June 2010