Out-Law News 1 min. read

Ad was not offensive because obviously a spoof, rules ad watchdog


An online gadget retailer's promotion for a USB fertility device was not offensive because it was clearly a spoof, advertising watchdog the Advertising Standards Authority (ASA) has ruled.

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.

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