Television advertisements must to 'show or tell' when conditions apply to offers they promote.
This is Australian Competition and Consumer Commission advice after a settlement relating to three mobile phone TV ads which did not do this.
In November and December 1997 Anythoughts Pty Ltd, formerly called Votel Pty Ltd, broadcast three advertisements on Channel 10 Perth that appeared to offer mobile phones at a price but in fact promoted mobile phone and phone service packages at far higher prices.
This was not explained in the 'voice over'. Conditions did appear briefly at the bottom of the screen at the end of the advertisements but could not be clearly read. The print was too small, it was blurred and not displayed for long enough to read, had it been large enough to read.
Anythoughts withdrew the advertisements when it became aware of the ACCCs concerns. It later wrote to all affected customers offering refunds to those who believed they were misled by the advertising. It has subsequently undertaken to the ACCC:
not to advertise in this manner again. to broadcast corrective notices on Channel 10 Perth. to implement a Trade Practices Act compliance program.
The ACCC acknowledges Anythoughts Pty Ltds co-operation in resolving this matter.
Media inquiries
Ms Lin Enright, Director, Media Unit, (02) 6243 1108or 0414 613 520