ASA Adjudication on JD Wetherspoon plc

Ad

An article in "wetherspoonnews", a free magazine available in Wetherspoon pubs, was headlined "Our very own Bond leaves competitors shaken and stirred". Text stated " … Armed with a cunning wit, a dash of charm and oh, a state-of-the-art temperature probe, Richard smoothed his way into those bars offering super-chilled drinks - and exposed them for what they were! His tactics were simple: order a beer, measure the temperature and taste the beer. He also checked the propaganda at each bar. Were they honest enough to say ‘pot-luck cold beer’ or did they try to draw in customers, with promises of super-chilled delights? ... at Wetherspoon, our very own team of Qs has perfected a super-chilling system which chills all draft beer perfectly ... every draught beer and cider achieving a temperature in the glass of 1-3 degrees C. (Don't worry though, real ale is retained at 12 degrees C, for that perfect serve.) ... Wetherspoon chill-out rating 10/10 ... try as he might, Richard couldn't find a pint served above 3 degrees C - in fact, the highest he recorded was 2.4 degrees C ... Mission 4: Que Pasa ... Foster's 10.2 degrees C Strongbow 10.2 degrees C chill-out rating 3/10". A photograph showed Richard Bond pointing to a sign in Que Pasa that stated “THINK COOL”. "Chill-out ratings" were given for eight other pubs: scores ranged from "3/10" to "7/10". Small print at the top of the article stated "Mission details. The temperatures were all recorded in central Cardiff at the bars and pubs shown. During the tests, all pints were measured using the same temperature probe and within the same period after pouring. The visits and readings were taken on Friday 4 August 2006. The readings were verified and noted by Richard Bond, area manager at J D Wetherspoon."

Issue

SDA Ltd, the parent company of Que Pasa bars, challenged whether the comparison was misleading, because they believed the tests were not carried out independently or fairly.

CAP Code (Edition 11)

Response

JD Wetherspoon (JDW) said "wetherspoonnews" was a free magazine that was available only in their pubs or from their head office by written request.  They said the "super-chilled" article was intended to be humorous and to focus on their new chilling system; it was composed by their marketing consultant based on the results of Richard Bonds measurements in various bars in central Cardiff.  They pointed out that the ad did not state that the tests were independent or the results of a detailed scientific experiment; they believed the ad made clear the methodology of the trial and the fact that it was carried out by Richard Bond, a JDW employee. They asserted that, because it made clear those details, the article could not mislead readers into believing the tests were independent.

JDW said the readings had been taken using a Jules Richards Instruments FlashAlim FT3000 temperature probe and sent the product specification for the probe.  They said the probe used an infrared beam to collect emitted, reflected and transmitted energy from an object and focus it onto a detector, which translated the information into a temperature reading.  They said they were satisfied the measurements were accurate and pointed out that SDA had not sent any evidence to the contrary.

JDW asserted that the tests were intended to replicate the experience customers had when they ordered a pint in one of the bars and took it to a table. They said they ensured the temperature of each pint was measured within two minutes of being served.  They argued that this replicated the customer experience, because customers would not order multiple pints to check for the one that best matched their preferred temperature and could not test the beer at the point of dispense. They believed the atmospheric conditions in a bar would have little effect on the temperature of the drink within the timescale of the test, from pouring to drinking, and pointed out that the rules were applied to all bars, including their own.  They believed customers would not interpret the article to mean that every pint of Fosters and Strongbow in Que Pasa would always be 10.2 degrees centigrade.

JDW asserted that the article made clear that the "chill-out rating" was based not only on the temperature of the drink but also on the "propaganda at each bar".  They said the sign stating "THINK COOL" in Que Pasa had contributed to that bar getting a score of three out of ten. They argued that the "chill-out rating" system was unusual and humorous and was intended to make the article, which they believed was not conventional advertising, entertaining to read.  They argued that the term "chill-out rating" had no commonly recognised meaning and, as such, did not constitute an unfair attack on SDA.

Assessment

Not upheld

The ASA noted the ad appeared in a JDW publication and clearly stated that the temperature tests were carried out by a JDW employee; we considered that readers would realise that the tests were not independent.  We also noted the full methodology of the tests was clearly stated in the article.   We considered that the article made clear that the stated temperatures were recorded by the JDW employee on one pint of beer and one pint of cider in each bar and that readers were unlikely to infer that every pint of Fosters and Strongbow in Que Pasa would always be 10.2 degrees centigrade.  We also considered that the "chill-out rating" would be seen to refer only to the temperature tests JDW had conducted, not to the general quality of each bar.  We concluded that the article was unlikely to mislead readers or to denigrate SDA.

We investigated the ad under CAP Code clauses 7.1 (Truthfulness), 18.1 (Comparisons with identified competitors and/or their products) and 20.1 (Denigration and unfair advantage) but did not find it in breach.  

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)