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Advertising Standards Authority (ASA) publishes a ruling in relation to a Healthcare Society

Date Issued:24/07/2024Applicable to:Insurance firms
Link(s):Healthcare Society Ruling – ASA | CAP

Context

The ASA has upheld two complaints against a Healthcare Society.  A TV ad and a radio ad, aired on 4th February and 12th March 2024 respectively, included a key phrase “…everyone is welcome. No one is excluded.”

Key points to note and next actions

One complainant challenged whether the first ad was misleading based on an understanding that several surgery related procedures and cancer treatment were not included in the particular healthcare membership.  Another complainant challenged whether the second ad was misleading, based on an understanding that customers could only access medical treatment after two years of membership.

  • For both ads, the Healthcare Society made the point that the ads were meant to indicate inclusion for everyone, not that every condition would be covered irrespective of length of membership, citing the relevant ‘subject to Ts&Cs’ warnings.
  • In relation to the TV ad, the ASA considered that those references gave the impression that anyone could join the Society to access private healthcare, and that, by association, their specific medical needs would be covered by the plan. The ASA considered that the on-screen text stating “See T&Cs for limits and exclusions” was not sufficient to override the overall impression given by the ad that all types of treatments were covered by the plan.
  • In relation to the radio ad, the ASA considered listeners would have been likely to interpret the phrase “What’s the catch? There isn’t one” to mean there were no significant restrictions or limitations that would influence their decision to join the Society. It considered the phrase would have been interpreted as relating to pricing, but also non-pricing issues, including key aspects of the membership plan, such as treatment restrictions or exclusions. The ASA understood that as of 19th February 2024, surgical treatments were only available after two years of membership. The ASA considered that would be likely to be viewed by consumers as being a “catch” and was also material information likely to influence a consumer’s decision to join the Society.
  • The ASA ruled that the ads must not appear again in the forms complained of, and told the Society to ensure that future ads did not mislead consumers or omit material information regarding their healthcare plan, including significant restrictions or exclusions relating to treatment options.
  • The CAP Code and BCAP Code requirements in relation to misleading advertising and qualification were, therefore, judged to have been breached.