Ad description
The "Pay monthly iPhone" section of www.vodafone.co.uk displayed contract options for various iPhone models:
a. The "iPhone 5s" section featured a table of contract options. The first option offered 2 GB of UK data at a cost of £42 a month and featured a banner that stated "Double Data offer (was 1GB)". The second option was for 4 GB of UK data at a cost of £47 a month and featured a banner that stated "Double Data offer (was 2GB)".
b. The "iPhone 4s" section also featured a table of contract options and the top two options featured a similar banner with a "Double Data offer".
Issue
The complainant challenged whether the references to a "Double Data offer" in ads (a) and (b) were misleading and could be substantiated, because they understood that the contract options had always included the higher data allowance.
Response
Vodafone said that prior to the offer, the packages for the iPhone 5S displayed in ad (a) had been available since 24 December 2013 at the same rates but with half of the data and the same packages for the iPhone 4S featured in ad (b) had been available since 5 February 2014 at the same rates but with half of the data.
They said the deals offered for the iPhone 5S advertised in ad (a) returned to the original data allowance of 1GB for £42 and 2GB for £47 after the double data period had ended on 3 April. They provided copies of internal pricing documents that showed pricing plans for February and March, which showed that the plans had previously been available with half the data.
Vodafone said the deals offered for the iPhone 4S advertised in ad (b) remained available to consumers until the offer ended. The internal pricing documents they provided showed the plans had previously been available with half the data.
Assessment
Not upheld
The ASA noted that the complainant believed the contract options in ads (a) and (b) had only been sold with the higher data allowance. However, we also noted that after the offer had ended, the packages in ad (a) to which the "double data" offer had applied were available with the lower data allowance, though all of the packages for the iPhone 4S in ad (b) had been revised. We were satisfied that Vodafone had demonstrated that the packages had been offered at the same price with the lower data allowance prior to the campaign and we therefore concluded that the references to a "Double Data offer" in the ads were not misleading.
We investigated the ads under CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration), but did not find them in breach.
Action
No further action necessary.
