The Advertising Standards Authority (ASA) has upheld two separate complaints against adverts placed by Benenden Health for failing to detail treatment exclusions and waiting periods.
In the case of both adverts – a TV ad and a radio ad, complainants challenged whether the ads were misleading.
Ruling in the complainants’ favour, the watchdog said the ads must not appear again in their current form and told the company not to mislead consumers or omit material information regarding their healthcare plan.
In a statement Benenden said that while it is hard not to be “really disappointed” by the ASA’s rulings, it admitted that it looks like it did “not quite hit the mark” in making key information “crystal clear” in these adverts.
Television advert
The first complaint related to a TV ad seen on 4 February 2024, featuring a woman who stated, “Private healthcare? Me?”.
A voice-over replied: “Yes Flo, at Benenden Health, everyone’s welcome. No one’s excluded.”
On-screen text stated: “From 1/4/24 fee increases to £15.59pppm. See T&Cs for limits & exclusions. Dependent on NHS waiting times. UK residents only. Affordable private healthcare for everyone, just £12.80 per person per month”.
In this case, the complainant, who understood several surgery related procedures and cancer treatment were not included in Benenden Healthcare’s membership, challenged whether the ad was misleading.
In its response Benenden said the ads intended to highlight the plan was affordable and inclusive.
It said anyone could join regardless of pre-existing conditions and that they would pay the same monthly price, adding the plan contained no other fees or charges.
The company further explained that it offered not only surgical treatment but 24/7 GP helplines, 24/7 mental health helplines, care planning and social care advice immediately when a member joined.
It also offered access to medical diagnosis, physiotherapy, mental health support and cancer support after six months of membership.
Benenden acknowledged that certain treatments and procedures were excluded from the plan entirely, but said the ad featured a clear disclaimer which stated ‘terms and conditions’ applied.
It said the claim ‘no one’s excluded’ was different to product exclusions and that anybody could join regardless of age or pre-existing medical conditions.
The ASA revealed Benenden Healthcare believed that due to the low price and because the disclaimer “See T&Cs for limits and exclusions” was clearly visible, viewers who saw the ad would not have expected all medical procedures to be included.
It also maintained that all private medical insurance products had certain restrictions and that viewers would have been able to find out about their membership restrictions through the website or phone.
It added there was no call to action in the ad and that viewers would have likely viewed the website if they wanted further information. It also cited time and space constraints and could not therefore have included further information in the ad.
Regulator view
Regulator Clearcast admitted that it believed the ad was not likely to mislead viewers into assuming all surgeries or medical procedures were included in Benenden Healthcare’s standard package and considered no material information had been omitted.
It said the purpose of the ad was to highlight that “everyone’s welcome” at Benenden Healthcare, regardless of an individual’s health records or an existing diagnosis.
And it agreed that all members had access to the same services.
Clearcast acknowledged there were exclusions to several surgeries and treatments, which it believed was the case with all private healthcare plans.
However it added that on-screen text about the terms and conditions for limits & exclusions, was a significant disclaimer which informed viewers there were various conditions attached to Benenden Healthcare’s policy plan.
In noted that at no point did the ad reference surgeries or treatments available within the plan, instead, it stated that everyone was welcome, which was true.
The ad featured a voice-over which stated, “Benenden Health, everyone’s welcome. No one’s excluded” and featured prominent text which stated “affordable private healthcare for everyone”.
The ASA considered that those references gave the impression that anyone could join Benenden Healthcare to access private healthcare, and that, by association, their specific medical needs would be covered by the plan.
It added it 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.
ASA ruling
The ASA said it understood that Benenden Healthcare did not cover all types of medical treatments, with examples of excluded procedures including surgeries related to cancer, heart or brain conditions and joint replacements.
It added it also understood that it would be unlikely for a private medical company to cover every unique type of medical problem, but the exclusion list contained common and major health related issues, such as surgeries related to cancer.
As the ASA ruled the ad gave the impression all medical procedures were included in the plan, when that was not the case, it concluded that it was misleading.
Radio ad
The second case related to a radio ad, heard on 12 March 2024, featuring a person stating: “With Benenden Health it’s just £12.80 per person per month. What’s the catch? There isn’t one. It’s one price for all with no hidden charges […] everyone is welcome, no one is excluded.
“Whoever you are Britain, we’ve got you. Search Benenden Health. Healthcare done different. Limits & exclusions apply. Fee reviewed annually. UK residents only.”
In this case the complainant, who understood customers could only access medical treatment after two years of membership, challenged whether the ad was misleading.
In its response Benenden Healthcare confirmed that as of 19 February 2024, surgical treatments were only available after two years of membership.
However, it said ‘cover’ did not start after two years, but that membership started from day one, with access to a range of healthcare services. Therefore, the majority of all other services were available immediately.
It believed the phrase “What’s the catch? There isn’t one. It’s one price for all with no hidden charges” accurately reflected that there was one standard monthly price and there were no further charges.
It said it also reflected that there were no barriers to anyone joining the plan and that listeners were unlikely to join the plan due to the ad in isolation and would find out the full details, including restrictions, when visiting the Benenden Healthcare website.
Radiocentre said they agreed with the points made by Benenden Healthcare concerning the ad and confirmed it was no longer being broadcast.
ASA ruling
The ASA said it 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 Benenden Healthcare.
It added 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.
However, it said it understood that as of 19 February 2024, surgical treatments were only available after two years of membership.
It added it 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 Benenden Healthcare.
And as that information was omitted from the ad and the ad stated that there were no catches, when that was not the case, the ASA concluded that it was misleading.
Consequently, the ASA ruled the ads must not appear again in the forms complained of and told Benenden 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.
Really disappointed
Natalie Walker, chief marketing officer of Benenden Health, said: “It’s hard not to feel really disappointed in these two complaints being upheld, one on a TV advert and one on a radio advert, although we do absolutely respect the right to complain.
“Benenden Health is a mutual not-for-profit organisation, run for members, who are top-of-mind for every decision we make.
“Everything we say in our adverts is true. Anyone in the UK can join, regardless of whether they have pre-existing medical conditions. It’s one price for everyone, and that price doesn’t rise with age or usage of services, and there are no excesses to pay when claiming.
“Unfortunately, it looks like we’ve not quite hit the mark in making that crystal clear in our adverts.
“We’re going to take this opportunity to reflect and then finesse, as we’ve got a fantastic affordable healthcare product we want to share with everyone in the UK.”
