A mailing campaign which carried the wording ‘Fixed Payment Notice’ – designed as a pastiche of a parking ticket fine – has been banned after the watchdog ruled it was likely to cause undue harm and distress to recipients.
The push, by health and beauty firm Healthy Living Direct, is the second campaign from the company which has fallen foul of the advertising code in as many months. In late December, it was censored for a mailing which featured prominent, bold text stating ‘payment request’, outlined with a red box.
This time the mailer for a prize draw was sent in a manila envelope marked with a black border. Large text on the front of the envelope stated ‘Fixed Payment Notice’, smaller text below stated, ‘open immediately …it’s good news’, and even smaller print in the bottom right hand corner of the envelope stated, ‘contains commercial material. See inside for details’.
The Advertising Standards Authority launched a probe after a complainant challenged whether the mailing made clear that it contained marketing material.
As a result of the investigation, the ASA ruled the envelope was similar enough to a parking fine notification to be confused with one by consumers. It also found that the phrase ‘Fixed Penalty Notice’ was ambiguous, and rendered the supporting text irrelevant.
The ASA concluded the appearance of the mailing was not sufficient to make clear that it was not a penalty notice, but was promotional material, and that it could cause undue alarm and distress to some recipients. It ruled the mailing must not appear again in its current form.
Related stories
‘Payment’ demand mailing banned
