The Advertising Standards Authority (ASA) has banned two ads for mail order subscription service Bier Company for misleading people with a false April Fool’s ‘free beer for life’ promotion.
An email and a text told the brand’s subscribers that they had won a ‘Black Card’ awarding winners with a free subscription to the Bier Club including free delivery of eight beers a month.
However, customers soon realised that they had been a part of an April’s Fools joke and that they had instead been signed up to a paid subscription service.
Complainants challenged whether the ads were misleading.
Bier Company responded by stating that consumers agreed to receive marketing communications when they opted into the service and had thus agreed to take part in April Fool’s Day.
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The brand also claimed that the link in the email and text took consumers to the Bier Club website which then clearly allowed them to sign up to the Bier Club monthly subscription service costing £22.95 a month, but with the first month free.
Screenshots of the checkout process were sent to the ASA, highlighting that customers were agreeing to a monthly subscription service, and not redeeming an offer of free beer for life.
Bier Company believed that the promotion had been compliant with the requirements of the Committee of Advertising Practice (CAP) Code, as they had received approval from Trading Standards that they were fully compliant with all relevant guidance.
The ASA ultimately found the ads to be misleading, breaching both ‘misleading advertising’ and ‘prize promotions’ CAP codes.
“We noted that Bier Company had received informal advice from Enfield Council’s Trading Standards office, regarding consumer protection legislation. We understood, however, they had not received Assured Advice on the ads in question. Enfield Council confirmed that they were not Bier Company’s Primary Authority, and had not approved the ads,” the ASA said.
The advertising watchdog told the brand to ensure future ads and promotions did not mislead consumers by falsely claiming or implying they had won a prize.
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