Magician's hotline disappears after Board ruling

By IRENE CHAPPLE

Nigel the Magician has lost his advertising bunfight with Harry the Clown.

The clown, aka G Gray, was miffed at the advertisement placed by Nigel the Magician, aka Nigel Kennedy, in the Yellow Pages.

The advertisement proclaimed to be giving free consumer advice.

Its heading - "Consumer Info Hot Line" - did not mention the advice was given by Kennedy, a self-interested party.

When consumers called the hotline Kennedy identified himself and proceeded to give advice including: "Be very careful if considering a clown [as] many young children are scared of clowns and their make-up. The last thing you want is a room full of crying children on a day that is supposed to be fun."

Gray said that was misleading and denigrated other children's entertainers.

The Advertising Standards Complaints Board said the advertisement was misusing the term "consumer information", which implied the information was unbiased.

Kennedy appealed to the Advertising Standards Complaints Appeal Board, saying evidence provided was misrepresented and that the decision was against the weight of evidence.

Kennedy's lawyers argued the hotline did what the advertisement said - give free and useful consumer advice on hiring entertainers. Consumers then had to call another number to reach Kennedy personally.

The board, which released its verdict this month, had some sympathy with Kennedy, because he promptly identified himself when consumers called the number.

But the appeal was dismissed because he did not identify himself in the printed advertisement.