Who: The Advertising Standards Authority (ASA) and The Benenden Healthcare Society Ltd
Where: United Kingdom
When: 24 July 2024
Law stated as at: 13 August 2024
What happened:
A TV ad and a radio ad for Benenden Healthcare featured claims such as “… at Benenden Health, everyone’s welcome. No one’s excluded” in the former and, in the latter, “[w]ith Benenden Health it’s just £12.80 per person per month. What’s the catch? There isn’t one. It’s one price for all with no hidden charges […] everyone is welcome, no one is excluded. […] Limits & exclusions apply.“
The ASA reviewed two complaints which claimed that the ads were misleading. In the TV ad, the complainant understood that several surgery-related procedures and cancer treatment were not included in Benenden Healthcare’s membership; in relation to the radio ad, the complainant understood that customers could only access medical treatment after two years of membership.
Benenden Healthcare response
In relation to the TV ad, Benenden Healthcare admitted that not all treatments and procedures were included in the plan. However, they noted that the ad included text stating “See T&Cs for limits & exclusions“, and they believed that this informed consumers about conditions attached to the plan. Benenden Healthcare also claimed that due to time and space restrictions they could not include further information in the ad. They also believed that applying exclusions in relation to some of the surgeries and treatments was a usual practice among all private healthcare plans.
Additionally, Benenden Healthcare said that the claim “no one’s excluded” related to the circumstance that anybody could join notwithstanding their age or pre-existing medical conditions, rather than to product exclusions. They also noted that the ad did not specifically reference surgeries or treatments available within the plan, but just stated that everyone was welcome.
In relation to the radio ad, Benenden Healthcare confirmed that, since 19 February 2024, surgical treatments were only available after two years of membership. However, they stated that the membership itself started from the first day and that customers had access to the majority of healthcare services available in the plan immediately.
The ASA upheld both complaints
In TV ad, the ASA considered that the consumers would have the impression that everyone could get access to private healthcare with Benenden Healthcare and, accordingly, that their specific medical needs would be covered by the plan if they joined.
The ASA did not see the text referring to the “terms and conditions” to be sufficient to override the overall impression in the ad that all types of treatments were covered by the plan. The ASA also considered that the examples of excluded procedures, such as surgeries related to cancer, heart or brain conditions and joint replacements, were common and major health-related issues and, therefore, their exclusion was not justified. Because the ad gave the impression that all medical procedures were included in the plan, the ASA concluded that it was misleading.
In the radio ad, the ASA considered that the claim “What’s the catch? There isn’t one” would likely be understood to mean that there were no significant restrictions or limitations that would influence the consumers’ decision to join Benenden Healthcare. However, the fact that surgical treatments were only available after two years of membership would likely be considered as a “catch”, and it also was a material information likely to influence a consumer’s decision to join Benenden Healthcare. Because this important information was omitted from the ad, the ASA considered it to be misleading.
Why this matters
The ASA reminds that rule 3.2 in the UK Code of Broadcast Advertising (BCAP) stipulates that ads must not mislead consumers by omitting material information that is needed for consumers to make an informed choice about the product or service. The ASA also highlights that ads must state significant limitations and qualifications (BCAP 3.10). Advertisers should be careful not to give consumers the impression that there aren’t any exclusions and limitations in their ads’ offers when these are included. Advertisers should also keep in mind that the inclusion of the phrase “terms and conditions apply” (or similar) is not always sufficient to inform consumers about any restrictions and exclusions – any material information that could affect their decision should be included in the ad itself.
