Advertisment
The advertisement was a webpage showing a product called BUILDERO Magic Building Fort. The product was a children’s toy which was colourful rods and balls that could be attached together to create wireframe structures. There were different options as to the number of balls one could purchase. There was also an option to purchase a tent to drape over the structure. The advertising showed several pictures of the box that the toys came in, with a picture of a child constructing the product.
Complaint
The complainant considered that the advertisement was misleading as they said they had not received the product in the box advertised. The product had arrived in a plain cardboard box with the components loose inside. In the complainant’s opinion it was therefore unfit to gift.
Response
The advertisers did not provide a response.
Conclusion
Issue 1 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 reasons as to why the packaging of the product could have differed from what was apparently received by the complainant had not been submitted to the ASA and in light of this, and in the absence of a response from the advertisers, the Council 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. Advertisers are reminded that product descriptions and illustrations in a marketing communication should match products as supplied.
