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.
Offers such as “Buy one, get one free” (BOGOF) should not be described as “free trials” because the product cannot be tried without buying another product, the cost of which is not refunded.
Similarly, a “money back guarantee” should not be described as a “free trial” if the customer has the right to return the product for a refund if it is found to be unsatisfactory. The promotion should be separate from customers’ satisfaction with the product or from their legal rights. In 2005, the ASA ruled that the use of "free trial" to describe a "100% satisfied or your money back guarantee" offer was misleading (HealthMail Ltd, 13 July 2005).
The ASA reminded one promoter, who offered a “free trial” of its food supplement but charged £4.95 for postage and packing, that rule 3.23 of the Code allowed marketers to claim a trial or offer as free, if consumers paid no more than the true cost of freight or delivery, but it did not allow them to charge for packing, handling or administration. Because the charge was for more than just postage, the ASA concluded that the trial could not be described as free and the claim was misleading (The Nutrition and Health Institute, 9 April 2008).
The participant’s financial obligation should be clear. In 2008, the ASA upheld a complaint about a free eye examination because, although it was considered ”free”, the promotion did not make clear that consumers had to pay upfront and were later reimbursed for the cost of the exam (Boots Opticians Ltd, 2 July 2008).
This advice is designed to be read in conjunction with the Sales Promotion section of the CAP Code and the other entries in this advice section. Also, promoters might want to seek legal advice.
Last modified : 30 December 2011