ASA Adjudication on Electrorad UK Ltd

Ad

A regional press ad for Electrorad was headlined “At Last Electrical Heating you can afford to run!”. Further text stated “Save Energy ~ Save Money … Running costs from 2p per hour … Probably the most effective, energy efficient heaters currently available!”.

Issue

1. The complainant challenged whether the claim "Probably the most effective, energy efficient heaters currently available!" could be substantiated.

The ASA challenged:

2. whether the claim "Save Energy - Save Money" was misleading and could be substantiated, because it implied that all consumers would save both money and energy by using Electrorad's product and

3. whether the claim "Running costs from 2p per hour" could be substantiated.

CAP Code (Edition 11)

Response

1. Electrorad said the claim did not relate to the fact that all electrical heaters were able to convert electrical energy efficiently into heat; instead it referred to the fact that some heaters were more efficient than others at delivering heat into a room. They explained that their heaters were able to store heat in special heat plates, which enabled them to emit heat after the electricity supply had been switched off. They said that had an energy-saving effect, because the heater did not require a continual source of electricity to continue to heat a room. They pointed out that that made the radiator more efficient than, for example, an electric fan heater. They said they regularly received reports from customers regarding the high cost of other heaters they used; they submitted a number of survey sheets from customers, which they acknowledged was only anecdotal evidence; they nevertheless believed the information showed that their heaters proved to be a successful replacement for a wide range of heating methods previously used. They pointed out that they had not received any complaints directly regarding the performance, efficiency or running cost of their heaters.

Electrorad sent an overview of a test carried out in Germany on a 2kW heating unit, which they believed showed that a room's temperature could be maintained between 20.5 and 22 degrees Celsius over a period of 24 hours, using a supply of electricity for only 29% of the time. Electrorad said, although they believed the claim was accurate, they were willing to amend it to clarify that it expressed their opinion.

2. Electrorad said the claim "Save Energy - Save Money" was used by local authorities, the Government and several companies in an effort to encourage consumers to help reduce the effects of global warming. They said many commentators on the subject argued that, by saving energy in as many ways as possible, consumers would save money and, in the process, would help to reduce the effects of global warming. They said the claim suggested to consumers that they should consider saving energy, and therefore money, in the use of their electrical appliances. They added that they were not suggesting that using their heaters was the only way to contribute, but that they were following the Government's lead in trying to persuade people to save energy.

3. Electrorad explained that, using electricity at a cost of nine pence per kilowatt hour, the running costs of a 24-hour test on a 2kW heater, operating with an electricity supply for 29% of the time, would be 2.6 pence per kilowatt hour. They argued that, using the same principles, other smaller heaters in their range would operate at a cheaper rate. Electrorad asserted, therefore, that they had heaters that cost only two pence per hour to run; they pointed out, however, that the claim stated "... from 2p per hour ..." to incorporate the wide range of heaters and circumstances of their use. They said the claim was not an absolute one and pointed out that many advertisers used "from" to identify a starting price.

Assessment

1. Upheld

The ASA considered that the claim "Probably the most effective, energy efficient heaters currently available!" implied Electrorad's product was likely to be more energy efficient and more effective at heating a room than any other heater. While we acknowledged their belief that the claim was accurate, we considered that we had not seen comparative evidence to show that Electrorad's heaters were likely to be the most effective or energy efficient on the market. We considered that the survey sheets from customers did not constitute sufficient substantiation; we welcomed Electrorad's suggestion to amend the ad.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

2. Upheld

We noted Electrorad's argument in support of the claim but considered that, in the context of the ad, the claim implied consumers would save energy and money if they used Electrorad's product instead of their current heating method. While we appreciated their explanation that, in contrast to other heaters, Electrorad's heaters were able to store and continue to emit heat when the electricity supply was switched off, we considered that we had not seen evidence to show that consumers were likely to save energy and money if they were to switch from their current mode of heating to Electrorad heaters.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

3. Upheld

We understood that Electrorad intended to indicate that the starting price for the running costs of their products was two pence per hour. We considered, however, that we had not seen documentary evidence to show that that cost was achievable over and above Electrorad's own calculations based on a hypothetical cost of electricity and one example scenario.

On this point, the ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

We told Electrorad to remove the claims "Save Energy - Save Money" and "Running costs from 2p per hour" from future ads unless they held appropriate documentary evidence to support them. We welcomed Electrorad's willingness to amend the claim "Probably the most effective, energy efficient heaters currently available!" and advised them to seek guidance from the CAP Copy Advice team before doing so.

Adjudication of the ASA Council (Non-broadcast)