Gadget retailer Boffer.co.uk published a website promotion in
which it claimed to be offering a free USB stick which could help
assess fertility cycles. It said that the technology had been
developed for cows by the Shinzen Cattle Breeding Company.
Four people complained, though, that the promotion was
misleading because it did not make it clear that it was not a
genuine offer.
"The ASA considered that the references in the ad to kidnapping
people and forcing them to buy stuff, cloning being a grey area and
the invitation for readers to help Boffer manufacture new customers
made clear that the offer of a USB Fornication Optimizer was a
spoof," said the ASA's ruling.
"We considered that the target audience, who had visited the
site before, were likely to be aware of its humour; they were
therefore unlikely to be misled into believing that Boffer were
offering a free fertility monitor," it said.
Users who clicked on the link promoted in the advert were sent
to a video of Rick Astley singing 'Never Gonna Give You Up'. The
video has gained internet notoriety as the destination at which
people arrive when they click on any number of fake, enticing
links. The posting of a link with Astley as the destination is
known as 'rick rolling'.
Boffer is an online retailer specialising in selling excess or
bankruptcy stock. It offers one product for sale each day, with the
products going on sale at one minute to midnight each day.
Boffer told the ASA that it had made sure to include the text
'please ensure you read your order confirmation email once you have
ordered this product' in the ad. That email made it clear that the
offer was not genuine.
Once users had watched the Rick Astley video they were offered
free postage on future purchases.
The promotion was the subject of three further complaints that
it was insensitive and offensive to people who were having
difficulty conceiving.
Boffer told the ASA that it "accepted that the subject matter in
question was sensitive for a minority of readers [and] regretted
any offence the promotion had inadvertently caused".
The ASA said that it was unlikely to cause serious or widespread
offence.
"We acknowledged the ad might be considered by some to be in
poor taste but considered it was appropriately targeted at those
who, having visited the site before, were likely to be aware of the
nature of its humour," said the ASA.
Disclaimer: We hope you find OUT-LAW’s content useful. It’s prepared by the lawyers at Pinsent Masons. Please remember, though, that it’s intended as general information only. It’s not legal advice. If that’s what you’re seeking, please
contact us. See also: our
full disclaimer
