ASA Adjudication on Smart Shop TV Ltd

Ad

In an infomercial on Smart Shop TV, for remote controlled battle tanks, the presenter introduced the tanks and demonstrated them in use. On-screen text stated "… M1A2 Battle Tank RC- Infrared Set of 2 Tanks Full Function Remote Control Re-chrageable [sic] battries [sic] Climbing Ability …". The presenter stated " … so what we've got here is two unbelievably good fun tanks which are going to allow you to be able to do so much fun ... it's very very simple, the batteries last for hours and your kids will have hours upon hours of fun … listen to the motor when it starts, there your lights are illuminating on there, there are your sound effects on that, you can do a machine gun as well if you want, you can do forward, back, you can swivel, you can do anything you want with this and it really is nothing but hours of fun …".

Smart Shop TV is not currently broadcasting.

Issue

A viewer thought the presentation was misleading because:

1. it did not make clear that the charger came with a non-UK, non-European plug; and

2. the instruction leaflet for the tanks stated that the battery charge lasted for 20 minutes, not hours.

BCAP TV Code

Response

1. Smart Shop TV said the tanks were randomly checked by their despatch department before being sent to customers. They had received one complaint from a customer who had received a non-UK, non-European charger plug in error and had provided that customer with a replacement UK plug.

2. Smart Shop TV said the length of the battery charge depended on the use of the tank. They asserted that it had been unnecessary to re-charge the battery while the infomercial was shot, which took 45 minutes.

Assessment

1. Not upheld

The ASA considered that it seemed only two customers had received a non-UK, non-European plug for the charger in error and that at least one of those customers had been provided with a replacement UK plug after complaining. It therefore seemed likely that the problem was not serious or widespread. We concluded that the infomercial was unlikely to mislead viewers about the charger plug because, in the main, a charger with a UK plug was supplied.

On this point, we investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence) but did not find it in breach.

2. Upheld

We noted Smart Shop TV had not commented on the complainant's assertion that the instruction leaflet for the tanks stated that the battery charge lasted for 20 minutes. They had not sent test results or a video demonstration in real time to prove how long the charge lasted. We noted that, although they said the battery charge lasted throughout the recording of the infomercial, which took 45 minutes, the presenter said "the batteries last for hours". He further indicated that the charge would last for hours by stating "hours upon hours of fun" and "nothing but hours of fun". We concluded that Smart Shop TV had not provided sufficient evidence to substantiate those claims.

On this point, the ad breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising) and 5.2.1 (Evidence).

Action

No further action necessary as Smart Shop TV are no longer broadcasting.

Adjudication of the ASA Council (Broadcast)