ASA Adjudications

U Save TV
U Save TV Ltd
1750 14th Street
Suite B
Santa Monica
USA
CA 90404
Date:14 May 2008
Media:Television
Sector:Retail

Ad
U Save TV broadcast a series of Dutch-auction-style ads that all worked in the same way.  During one, the presenter offered an anti-gravity machine with globe and said "The high price on that is £329 ... all you are going to pay is £79 for this, that is it!  Now look at how far we have come down in that price just for you.  Again you could very easily pay £329 for this.  But we are offering it to you at an amazing, amazing, incredible low price of just £79 ... this is your last chance ... make sure you get one ...".  The "High Price £329" and "Our Price £79" remained on screen throughout the ad.


Issue
Monitoring staff challenged whether:

1. it was a genuine Dutch auction with a limited number of globes for sale;

2. the price comparison was genuine

BCAP TV Advertising Code: 5.3.1

Response
1. U Save TV explained that they had not intended to mislead viewers by implying a Dutch auction in their pre-recorded ads.  They had merely intended to provide compelling entertainment and evoke an on-air shopping bazaar where bargaining was offered.  They explained that buyers were always given the lowest on-screen price.  They maintained that the marking down of the price of an item was common practice in infomercials.   They explained that the reference to "this is your last chance .... make sure you get one ..." was merely to imply that the sales pitch was about to finish and believed that it had not put undue pressure on viewers to buy.  They added that, to avoid misleading viewers about whether the ad was being broadcast live or was in fact pre-recorded, they would not use the technique again.

2. U Save TV explained that the "High Price" on the items was a mistake.  A freelance producer had misread several product invoices before the filming and they had broadcast the ads without an internal compliance review.  U Save TV explained they had mistakenly continued to broadcast the ads after the Monitoring teams initial challenge.  
Assessment
1.   Upheld
The ASA considered that the presenters statement this is your last chance ... make sure you get one" misleadingly implied that a limited number of globes were for sale when the ads were pre-recorded and were repeated.   We noted that during some of the other "auctions" in the series the "Our Price" amount fell in stages.  We considered that the on-screen price reductions misleadingly implied the items were offered in a genuine Dutch auction.  

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rule 5.1 (Misleading advertising).

2.  Upheld
We noted that the ads aired repeatedly for 13 days.  We considered that viewers would infer that the "High Price £329" was the price at which the globe was generally sold.  The Monitoring teams research established that the globes were available on various websites for £69.  Because we had not seen evidence to show that the high price was genuine, we concluded that the price comparison was misleading.  

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence) and 5.3.1 (Accurate pricing).
Action
The ads must not be shown again in their present form and no price comparison should be made without adequate substantiation for it.



Adjudication of the ASA Council (Broadcast)

back | top