Who: The Advertising Standards Authority (ASA) and Kingsland Drinks Ltd t/a Kingsland Wines & Spirits (Kingsland)
Where: United Kingdom
When: 22 May 2024
Law stated as at: 10 June 2024
What happened:
A label seen around the neck of Campaneo Wine bottles advertised a promotion to win one of five pizza ovens. Large text on the label stated “WIN 1 of 5 OONI PIZZA OVENS“, with text in between stating “ENTER TO WIN SO YOU CAN CREATE IRRESISTIBLE PIZZAS AT HOME TO ENJOY WITH A GLASS OF CAMPANEO WINE. ENTER ON OUR WEBSITE – FOLLOW THE LINK OR QR CODE. CAMPANEOWINES.CO.UK/COMPETITION – SEE OUR FULL T&Cs ON OUR WEBSITE.” There was a QR code on an additional flap.
A complainant questioned whether the promotion omitted significant conditions and information about how to take part.
The UK Code of Non-Broadcast Advertising and Direct and Promotional Marketing (CAP Code) provides that promotions must communicate all applicable significant conditions or information where omission of such is likely to mislead. This can include information such as how to participate and a closing date.
Kingsland responded to the complaint stating that as there was limited space on the labels, they provided where purchasers could enter the competition, and where to find the terms and conditions. They believed that the QR code and website were sufficiently clear on the label to allow purchasers to find the promotion web page and the terms and conditions. Kingsland said the only significant entry restriction was that entrants needed to have proof of purchase.
The nature of the promotion was that there was no specified closing date, but all promotional bottles had to be sold (which was stated in the terms). Kingsland were able to track sales and would draw the winners 14 days after the final promotional bottle was sold.
The ASA understood that, while Kingsland would know when the final bottle had been sold to then draw the winners 14 days later, potential participants had no way of knowing how many bottles were left to sell. This meant they did not know when the draw would take place in order to enter before the draw, and, with wine being a non-perishable product, it could be on shelves for a significant period of time. All purchasers would therefore have to enter within 14 days of making their purchase to ensure they were entered.
The ASA considered that such information was significant information about how to participate, which should have been clearly displayed in the ad. This should also have included that purchasers would have to enter the promotion within 14 days of purchase, as the draw would take place 14 days after the last of the promotional bottles had been sold, and that participants need to be able to show proof of purchase. The ASA concluded there was sufficient space on the label for such information to be displayed.
As the ad omitted significant conditions and information that were likely to influence a consumer’s decision or understanding about the promotion and such omission was likely to mislead, the ASA upheld the complaint.
Why this matters:
This ruling against Kingsland reinforces the ASA’s position that even if there is limited space on an ad, as much information about the significant promotions as is practicable should be displayed. Ads that use the majority of the space to display marketing messages will not be considered to have limited space; simply providing a website or QR code to a promotion web page and the full terms and conditions is not sufficient. Advertisers should ensure that any significant conditions are clearly displayed on the ad itself or consider whether the media is appropriate for the promotion if it is that short of room.
