The ad, created by TBWA\London, showed people using their 3 mobile phones to make video calls, send messages and watch clips of Premiership matches.
Hutchison 3 Mobile admitted that the images used in the ad were dummy shots because the picture resolution of the phone would be lost on TV.
The ITC judged that, when compared with the commercial, the actual images of the video calls and messages were disjointed, low in definition, the colour was washed out and the images were subject to breaking up.
The ad was therefore misleading, according to the ITC. But it accepted that the video clips received by the phones were of comparable quality to those shown in the ad.
The ruling is an embarrassing blow for 3, which has promoted its ability to send video images as one of its main selling points. Since its launch in March the 3G mobile service has not reached its customer acquisition target, although handset sales are reported to have picked up since it slashed prices. It is reviewing its £30m creative account through the AAR after speculation that its initial campaigns have failed to make an impact.
The ITC also upheld viewers' complaints about a Publicis ad for L'Oreal Nutrilift that offered a free full-size body moisturiser to telephone respondents, but did not clarify that the offer only applied to the first 10,000 callers.
An ad for the Moulinex Juice Master Junior was also ruled misleading, as it invited viewers to "call free" to order, but the 0870 number listed in the ad was charged to callers at national rates.
JD Williams had a complaint against it upheld for an ad for its Simply Be catalogue, which didn't state that those requesting a catalogue would undergo a credit check.
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