Advertisment
The advertisement was a listing for a property described as a “Pristine 4 bedroom property.” The property was described as having had two double bedrooms on the first floor and also “a single bedroom that is currently used as a walk in wardrobe.” This single bedroom was described as having a floor area of “2.66m x 2m”. The fourth bedroom was “an attic conversion located on the second floor and is a spacious double bedroom with ample storage and skylights.”
Complaint
The complainant considered that the advertisement was misleading as they claimed the smallest bedroom had inadequate floor area to be described as a single bedroom. They also claimed that the attic conversion, described as a double bedroom, was in their opinion in breach of regulations which concerned height to floor ratios for bedrooms.
Response
The advertisers telephoned and advised they would be responding to the complaint; however, no response was received.
Conclusion
Complaint Upheld.
The Complaints Council considered the detail of the complaint.
The Council expressed concern at the advertiser’s failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Council noted the Code requirements that a marketing communication should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise (4.1); that marketing communications should not contain claims – whether direct or indirect, expressed or implied – which a consumer would be likely to regard as being objectively true unless the objective truth of the claims can be substantiated (4.9); and that relevant evidence should be sent without delay if requested by the ASAI and should be adequate to support both detailed claims and the overall impression created by the marketing communication (4.10).
They noted that evidence to support the claims in the advertising regarding the number of bedrooms had not been submitted to the ASA and in light of this, and in the absence of a response from the advertisers, the Committee concluded that the advertisement was in breach of Code sections 3.10, 4.1, 4.4, 4.9, and 4.10 of the Code.
ACTION REQUIRED:
The advertisement must not reappear in its current form unless evidence is provided to support the claims made.
