Pitchwell Group Ltd t/a Pitch TV Sutherland House 70-78 West Hendon Broadway London NW9 7BT Number of complaints: 2

Date: 1 October 2008 Media: Television Sector: Leisure

Ad
An infomercial for a hair removal product called Sheerskin described the product as a "pain free .... complete all over body hair removal system" and showed a woman at an exhibition demonstrating how to use the product.  Graphics, which showed a simulation of the product being used, depicted hairs being removed from the roots.  The graphics were repeated several times and the ad also showed various testimonials.  The demonstrator stated "it can be three to four weeks before the hairs come back through".  She said that the product worked on the same principle as waxing, by working "with the grain".

Issue
The complainants, having used Sheerskin, challenged whether the ad exaggerated the efficacy of the product and whether the claims that hairs were removed from the root could be substantiated.

BCAP TV Advertising Code:

5.1;5.2.1;5.2.2;5.4.1

Response
Pitch TV did not comment on the claims.  They said they intended to continue running the ad on their teleshopping channels but were prepared to alter it in line with the advice of the ASA.

Clearcast provided a letter from a consultant who had advised them on the claims in the ad.  The letter stated that "there was no evidence that the hairs were taken from the root.  This claim is not supported".  The consultant did not comment on the claim that it could be three to four weeks before the hairs would grow back.  Clearcast said it had advised the advertisers that several changes were needed before the ad was broadcast but, when the final version of the ad was submitted, the claim about hairs being taken from the root had been overlooked in error.  It undertook to take greater care in future.

Assessment
Upheld
The ASA noted Pitch TV said they were prepared to amend the ad if necessary.

We also noted the graphics in the ad, and the demonstrators statement that Sheerskin worked like waxing, did not comply with the advice given by Clearcasts expert.   Because no objective evidence was submitted to substantiate the claim that Sheerskin removed hairs from the root, or that the product could be effective for three to four weeks, we concluded the ad exaggerated the efficacy of the product and was misleading.  

The ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1(Misleading advertising), 5.2.1 (Evidence), 5.2.2 (Implications) and 5.4.1 (Visual techniques and special effects).

Action
The ad must not be broadcast again in its current form.  We told Pitch TV not to repeat the claims.

Adjudication of the ASA Council (Broadcast)