The letter describing the cable company's broadband offer was
sealed in a plain white envelope with no markings to identify the
promoter.
The envelope featured a small hole that went right through the
envelope and some of its contents and was designed to look like a
bullet hole surrounded by burn marks. Ten people complained to the
Advertising Standards Authority (ASA), saying that the bullet hole
would cause offence and distress. The ASA rejected those
complaints. It said the hole "was likely to be recognised as a
stylised design gimmick" and that "recipients would appreciate that
it was unlikely that an envelope would arrive with a bullet
hole."
The ASA had its own concern, though, about Virgin's failure to
identify the envelope as a promotion.
Small text on the reverse of the envelope provided a PO Box
return address but Virgin Media's identity was only revealed to
recipients if they opened the letter. In some cases the letter was
addressed to the recipient; other times it was addressed to "The
Occupier".
The ASA ruled against Virgin Media in an adjudication published
today.
"We concluded that the envelope should have stated clearly that
it contained marketing material to avoid ambiguity or confusion
about the status of the envelope," said the ASA. "On this point,
the ad breached CAP Code clause 22.1."
That provision states:
"Marketers, publishers and
owners of other media should ensure that marketing communications
are designed and presented in such a way that it is clear that they
are marketing communications. Unsolicited e-mail marketing
communications should be clearly identifiable as marketing
communications without the need to open them."
Virgin was told to ensure that in future mailings envelopes
should state clearly that they contained marketing material.
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