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"Verifiability": How to ensure that your comparative ads are demonstrably objective
In the current economic climate every company is keen to show that they offer their customers the best value for money. One of the best ways to do this is through comparative advertising.
Comparative advertisements give customers valuable information about where they can find the best deal, and in the interests of vigorous competition they should be encouraged. But ads should be clear and easy to understand for readers as well as complying with all relevant legislation.
The CAP Code requires that comparisons with competitors’ products “should objectively compare one or more material, relevant, verifiable and representative features of those products, which may include price” (Clause 18.3).
The Code does not specify what is meant by “verifiable” but in 2006 the European Court of Justice ruled, in the case of Lidl vs Colruyt, that in order for a general price comparison to be verifiable the advertiser should set out in the ad how the details used to make that comparison may be checked by readers.
Clearly some comparisons would be easier than others for consumers to verify, but those which involve a large number of products and don’t include a complete list of products and prices could be more difficult.
A recent ASA adjudication considered an ad which contained this type of comparison. Because there was no way to verify the savings advertised, the ASA concluded that the ad breached the law (as set out in the Lidl case) and therefore the Code.
As a result of this the ASA will be contacting all relevant advertisers to remind them that they need to comply with this requirement of the Codes (and the law.)
On this basis, CAP recommends that marketers producing comparative ads should ensure that consumers (and competitors) are able to verify the products and prices used to make that comparison.
One way to do this would be to include, in the ad, a link to a website which detailed that information. Alternatively marketers could include a postal address in the ad for customers to write to in order to request those details.
There is further information on our website about this issue and our advice on comparisons generally will be updated shortly.
For further advice on verifiability in comparative advertising, contact the Copy Advice team by telephone on 020 7492 2100, by fax on 020 7404 3404 or by e-mail on copyadvice@cap.org.uk. The CAP website, www.cap.org.uk contains a list of Help Notes as well as access to the AdviceOnline database, which has links to relevant Code clauses and ASA adjudications.
Events programme 2009
CAP runs regular training events to help keep you up-to-date with the advertising Codes and how the ASA is interpreting them. View our events section for dates for your 2009 diary!
Meet the Copy Advice Team
Everyone in my team of six is happy to deal with any question that may arise, but we all have special interests in particular areas. In every edition of Insight we introduce an individual member of the Copy Advice team, so if you have specific relevant queries you will know who to come to. You can contact the team by phone on 020 7492 2210 or by e-mail at copyadvice@cap.org.uk.
James Turner
James Turner has a degree from Cambridge University in Land Economy and an MSc in Building Surveying. After three years as an investigations executive at the ASA, he has put his background in economics, land and environment to good use as the resident “green” specialist on CAP’s Copy Advice team looking at windfarms, carbon offsetting and carbon neutrality. He also specialises in advice on utilities marketing and 0845 NTS numbers.
You can contact James directly on 020 7492 2166 or e-mail him at jamest@cap.org.uk
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