Advertisment
Advertisement:
Advertisement 1:
The advertisers’ website home page featured various sections about their services.
Under the section “Outstanding success rates” the website read “Over 20,000 babies born and counting.”
Advertisement 2:
A video on the advertisers’ social media page described their journey in offering IVF treatment in Ireland since 1986.
The video included the caption:
We’ve been here for nearly 40 years. Guiding, supporting, and growing families across Ireland. Generations have trusted us with their first steps into parenthood and we’re still here — with you, for you. Always.
Complaint
Complaint:
Issue 1:
Website:
Waterstone Clinic objected to the claim that First IVF were responsible for “20,000 babies and counting.” On the basis that the figure appeared to be highly improbable given they had only been in operation since January 2021.
The complainants stated that based on sector norms, it was estimated that they would have carried out approximately 1,000 egg collections during that period (Jan 21 – present), which would typically have resulted in no more than 400 babies.
They advised that they were concerned that these claims may have misled prospective patients about the clinic’s success rates and potentially harmed the reputations of both their own and other clinics within the industry.
They stated that in a field that dealt with highly sensitive and deeply personal matters, it was essential that all marketing practices remained accurate, transparent and supported by verifiable evidence.
Issue 2;
Social Media Advertisement:
Waterstone clinic objected to the advertised claim that First IVF had been “here for nearly 40 years.”, “since 1986” and that “generations” of patients had trusted them with their IVF care on the basis that they had been in operation for less than five years.
They stated that they were concerned that these claims may have misled prospective patients about First IVF’s experience, longevity, and success, and could have damaged the reputation of the wider industry.
Response
Response:
Issue 1 – Website:
The advertisers stated that the statement “20,000 babies and counting” was never intended to suggest that First IVF, established in 2021, alone was responsible for this number. Rather, it referred to the cumulative history of IVF in Clane since 1986, when their founder, Redacted, introduced IVF to Ireland and performed the treatment that resulted in the birth of the first Irish IVF baby in Clane. They advised that throughout his career in IVF in Ireland over the past 40 years, his work had resulted in the birth of many thousands of babies following IVF treatment. He was the Chairperson and owner of First IVF, and would have overseen and directed all clinical practices.
The advertisers stated that since 1986, Clane had remained a centre for IVF treatment, with thousands of cycles performed and many tens of thousands of babies born as a result. They advised that while exact numbers were difficult to quantify due to the absence of a central Irish registry, the figure reflected the long-standing and substantial legacy of IVF treatment in Clane.
The advertisers stated that In light of the Code requirements (Sections 4.1, 4.9, and 4.10), and to avoid any possible ambiguity, they were prepared to amend the website wording to state: “Building on a legacy of IVF treatment in Clane since 1986, where Ireland’s first IVF baby was born, thousands of babies have been welcomed into the world through treatment provided here.”
They stated that this would preserve historical accuracy while removing any potential for misunderstanding.
Issue 2 – Social Media:
The advertisers stated that the Instagram reel was intended to highlight the continuity of IVF provision in Clane since 1986, rather than to imply that the corporate entity First IVF itself had existed for nearly four decades. They stated that they acknowledged the phrasing could have been open to misinterpretation and to avoid this happening in future, were prepared to amend the material to read:
“IVF has been part of Clane’s history since 1986, when Dr. Redacted pioneered treatments that resulted in Ireland’s first IVF baby. Today, First IVF continues that proud tradition.” They stated this ensured clarity while remaining fully accurate.
The advertisers stated their general position in relation to the complaints:
The advertisers stated that both the advertisements were intended to highlight the heritage of IVF in Clane under Dr. Redacted’s pioneering leadership. They stated that they were able to substantiate the factual basis of: Dr. Redacted introduced IVF to Ireland; the first Irish IVF baby was born in Clane in 1986; and IVF services had been delivered continuously from this location ever since.
The advertisers stated that they accepted their future marketing communications should more clearly distinguish between the corporate identity of First IVF (established 2021) and the longstanding IVF legacy of Clane and advised they were committed to taking steps to ensure that this distinction was consistently made.
They stated that they trusted their explanation demonstrated that their advertising had been grounded in fact and was intended to reassure patients of the history and experience underpinning their clinic. They advised that nonetheless, in good faith and in compliance with the Code, they were prepared to revise their advertising to avoid any ambiguity and remained committed to the highest standards of transparency in their communications.
Conclusion
The Complaints Council considered the detail of the complaint and the advertisers’ response.
Issue 1: Upheld.
The Council noted the advertisers’ comments regarding difficulty in quantifying the figures referred to in their advertisement. The Council however noted the Code requirement under Section 4.10 that before offering a marketing communication for publication, advertisers should satisfy themselves that they will be able to provide documentary evidence to substantiate all claims that consumers are likely to regard as objective.
The Council considered that the impression created by the advertising was that the number of babies born was attributable to the advertisers and as this was not the case, the Council considered the advertisement had the potential to mislead consumers and was in breach of Sections 4.1, 4.4, 4.9 and 4.10 of the Code.
Issue 2: Upheld.
The Council considered what the overall impression created by the advertising was to consumers. They considered that the phrases “We’ve been here for nearly 40 years” and “Since 1986” could create a reasonable impression by consumers that First IVF had been in operation for over 40 years and since 1986.
As the company had been established in 2021, the Council considered that the advertisement was in breach of Sections 4.1, 4.4, 4.9 and 4.10 of the Code.
Action Required:
The advertisement must not reappear in its current format. The Council also suggested that the advertisers avail of the pre-publication copy advice services offered by the ASA Executive in relation to amendments to the advertising copy.”
