Case Number #216

Clauses: Clause 1 (Accuracy and Clarity)

Concerns: Misleading

Advertiser: Health Product Manufacturer and Software Developer

Region: National

Industry: Health Product

Media Type: Television

Number of Complaints: 1

Decision Year: 2024

Description:

A TV ad showed a company travelling across Canada, interviewing Canadians and promoting their product.

Complaint:

The complainant considered that the advertisement was misleading as they found the advertisement showed interview of Americans, and not Canadians. The complainant found that the opinions of the purported Canadians had influenced their decision towards buying the product.

Response:

The advertiser responded that the ad’s intent was to accurately represent the product’s capabilities and that the confusion regarding the location of the depicted travel was unintentional. In response to the complaint, the advertiser permanently withdrew the ad from Canadian media.

Decision:

Council reviewed the advertisement as well as the advertiser’s response.

In assessing the general impression likely to be conveyed by the advertisement, Council considered that the company had claimed to be travelling across Canada and interviewing Canadians. Council found that this would lead Canadians to believe testimonials about the product were from other Canadians, rather than Americans.

Given the videos were taken in the United States, Council unanimously found that the claim that the company had travelled across Canada interviewing Canadians was misleading. They therefore determined that the ad breached Clause 1(a) of the Code by making misleading claims.

Infraction:

Clause 1(a) (Accuracy and Clarity)

Did You Know?

The Canadian Code of Advertising Standards is the foundation for adjudicating all complaints.

Learn more about our Complaints Process.

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