MISLEADING CLAIMS ABOUT “environmentally friendly” lawnmowers, credit unions, and driving schools were among 11 advertisements found to have breached the watchdog’s standards in recent months.
The Advertising Standards Authority for Ireland (ASAI) today released its latest Complaints Bulletin, which contains 16 reports on complaints recently investigated by the organisation.
11 of these advertisements across social media, online, radio and in print were found to be in breach of the ASAI Code due to a range of issues including misleading and unsubstantiated claims.
An advert that featured in a Lidl brochure was deemed to be misleading because it claimed that a petrol lawnmower that was on sale was “environmentally friendly with an effective silencer system and reduced exhaust emissions”.
The complainant said petrol engines are not in any way environmentally friendly and that although the lawnmower may produce less pollution than a similar motor, it is still producing pollution.
In its response to the complaint, Lidl said the “environmentally friendly” claim related directly to the reduced exhaust emissions and effective silencer system aspects of the petrol lawnmower, rather than the petrol lawnmower as a whole.
However, the ASAI’s complaints committee concluded that “environmentally friendly” was an “absolute term that could not be qualified or conditional”.
Bray Credit Union in Co Wicklow was also deemed to be in breach of the advertising code for a radio advert in which it claimed to be “the best Credit Union in Wicklow”.
The complainant noted that the credit union in question only covered a small area and “therefore could not claim to be the best in the whole county”.
The complainant added that no evidence was presented to substantiate this claim.
In response, Bray Credit Union said it “covers the area from Shankill to Wicklow Town, which takes in most of Co Wicklow”.
The credit union added that the “best” claim was inserted because the “business needed a positive radio advertisement” during the Covid-19 pandemic.
Once notified of the complaint, Bray Credit Union immediately pulled the advertisement from the airwaves.
The complaints committee noted that “comparative data” had not been submitted to demonstrate the claim to be the “best”, but said no further action was needed as the advert was withdrawn.
Airport Driving School was also deemed to be in breach for text on its website which claimed it to be “Ireland’s most successful driving school”.
The advertisers said this was a quote from a former TD that had been made at the opening of its facility and that a transcript of this interaction was available.
While the complaints committee acknowledged that the claim was a quote from an individual, it deemed that consumers “would understand that the claim was a superlative, objective statement”.
Elsewhere, a Virgin Media advert was deemed misleading because it’s pre-sale price was cheaper than it’s “sale price”.
While the “sale” that was available to new customers for a six-moth period provided savings over that timeframe, it was more costly over a 12 month period.
The ASAI also expressed concern at the failure of Hempture, which sells CBD products, to respond to a complaint that was lodged against them.
The Hempture website said all its products had been “certified by IIHA (Irish Industrial Hemp Association)” and “tested by EirLab”.
The complainant considered these advertising claims to be misleading to consumers because “they believed that Hempture, the IIHA and EirLab were all owned by the one company”.
The complainant added that the impression created by the advertising was that the three companies were separate and independent of one another.
While Hempture didn’t respond to the complaint, ASAI research evidenced partnerships between some of the three organisations concerned, and some sharing of the same contact details.
For example, IIHA and Eirlab were based at the same address and the ASAI received no evidence to demonstrate a separateness between the three companies.
The ASAI concluded that the advertisement must not appear in its current form “unless evidence is provided for the claims made in the advertising”.
Elsewhere, a Steeltech Sheds advert on social media was removed after a complaint that it was “offensive to victims and survivors of sexual assault and abuse”.
In the advert in question, a woman was shown leaning over a desk to work on a laptop.
In describing the advert, the ASAI said “a man standing beside the woman is shown leaning over in order to view the woman’s buttocks with a smile on his face”.
Written at the top of the image was the caption: “Work From Home – Away From Creepy Co-Workers.”
The complaints committee said the advert “depicted a woman being leered at” and described it as “exploitative”.
Commenting on the latest ASAI rulings, Orla Twomey, Chief Executive of the ASAI, said it reveals the “importance of our role in ensuring that advertisements are legal, truthful, decent and honest for all Irish consumers”.
She added that the ASAI “fully investigates all complaints thoroughly to ensure that advertisers in Ireland are not in breach of the high standards in the ASAI Code”.
If an advertiser has any concerns about a marketing communications’ compliance with the ASAI’s Code, Twomey said they can contact the ASAI and avail of free and confidential copy advice services.
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