Direct mailshot appearing to be torn magazine page with personal post-it note misleading

A direct mailing appearing to be a torn magazine page with a personal handwritten post-it note was misleading, according to a ruling from the Advertising Standards Authority. The note said ‘Hi. I saw this and thought you’d find it useful – he’s really good! J.’ and was sent in a plain envelope appearing to have been delivered by hand. The page was also formatted and written as if it had been by an objective reporter, and it contained claims that Chris Cardell had helped thousands of struggling businesses to experience dramatic turnarounds and grow. In addition, the mailshot contained a photograph of Chris Cardell with Duncan Banatyne, from the BBC’s Dragons Den.

The ASA ruled that the advertising was misleading because it did not make clear that it was a marketing communication and used techniques which gave the opposite impression. The claims about the purported success of the business were also not substantiated. A third claim about the photograph with Mr Banatyne was deemed not to have been misleading because it did not suggest that he had endorsed Mr Cardell – instead, only that they were at the same event.

Accordingly, Mr Cardell had breached the CAP Code on two counts, and he was warned not to use the advert again in its current form. The CAP Code is a code of practice governing the content of adverts and marketing communications, and it is administered by the ASA. Although the Code does not have legal force, it is best practice to comply with it, as failure to do so can result in bad publicity and ultimately an inability to obtain advertising space.  A new CAP Code will come into force on 1 September.