The Advertising Standards Authority (ASA) published an adjudication on 18 June 2008 stating that Virgin Media Limited had breached the British Code of Advertising, Sales Promotions and Direct Marketing (CAP Code) by sending out marketing mailings without clearly marking the envelopes as containing marketing material.
The ASA found that Virgin had breached rule 22.1 of the CAP Code, which requires marketing communications to be presented so it is clear that they are marketing communications.
Virgin had sent out mailings for its new optic broadband service that were plain except for a stylised bullet hole, (in the enclosed leaflet, the speed of Virgin's broadband service was compared to a speeding bullet), and a PO box address. The ASA said that in future mailings, Virgin should ensure that its envelopes clearly stated that they contained marketing material.
Various members of the public complained that the use of the stylised bullet hole was likely to cause serious offence, or unnecessary fear or distress, contrary to rules 5.1 and 9.1 of the CAP Code.
Various members of the public complained that the use of the stylised bullet hole was likely to cause serious offence, or unnecessary fear or distress, contrary to rules 5.1 and 9.1 of the CAP Code.
However, the ASA rejected these complaints, ruling that the appearance of the bullet hole was likely to be recognised as a design gimmick.
Going forward for businesses and marketing companies everywhere they will have to ensure that direct marketing mailings are clear in their marketing statement.
Source: ASA Adjudication Virgin Media Limited, 18 June 2008 (http://www.asa.org.uk/asa/adjudications/Public/TF_ADJ_44560.htm).
Source: ASA Adjudication Virgin Media Limited, 18 June 2008 (http://www.asa.org.uk/asa/adjudications/Public/TF_ADJ_44560.htm).
