ASA Adjudication on Scottish and Southern Energy plc

Ad

Regional press, TV and radio ads promoted Southern Electric's dual fuel credit tariff. a. The press ad was headlined "Cheapest AVERAGE DUAL FUEL PRICES IN THE UK*". The asterisk was linked to a footnote that stated "*when comparing Southern Electric's standard dual fuel credit tariff compared to all other major suppliers standard dual fuel credit tariffs averaged across the UK. Based on energywatch's average domestic consumptions (3300 kWh electricity p.a. and 20500 kWh gas p.a.). Excludes prompt payment discounts and prepayment meters tariffs. Based on electricity and gas prices at 10/09/2007." The body copy stated " ... did you know that on average, Southern Electric offer the cheapest dual fuel prices in the UK? ... Still with British Gas? Switch to us, it really is greener on the other side." b. The TV ad showed a field of tents at a festival. A festival goer came out of his tent and saw a queue of people waiting for the portaloos. Thunder sounded and it started to rain. The festival goer looked unhappily at the sky as the voice-over stated "Ever feel like you could have chosen better?" The shot cut to another field, bathed in sunlight with people dancing and enjoying themselves. The voice-over stated "Yes, it really is greener on the other side." The shot cut back to the festival goer and the voice-over said "Did you know on average Southern Electric is the cheapest dual fuel supplier in the UK. The on-screen text read "Comparing all major suppliers' standard dual fuel credit tariffs averaged across the UK. Based on prices at 10/09/07 & energywatch's average domestic consumptions (3300 kWh electricity p.a. & 20500 kWhgas p.a.)." The festival goer ran through a rainbow into the sunlit field and joined the other dancers. c. The radio ad featured a conversation between two duellists, one enthusiastic to fight and the other reluctant. A female voice-over said "There's no duel when it comes to dual fuel. On average Southern Electric have the cheapest dual fuel in the UK". A male voice-over stated the terms and conditions "Comparing all major suppliers standard dual fuel credit tariffs across the UK based on prices at 10/09/07 and energywatch average domestic consumption. Excludes prepayment tariffs and any discounts."

Issue

1. British Gas and two members of the public challenged whether the claim "on average, Southern Electric offer the cheapest dual fuel prices in the UK" in ads (a), (b) and (c) was misleading, because although Southern Electric might be the cheapest when all regions were added together and averaged out, they were not the cheapest in every region.

2. British Gas challenged whether the footnote in ad (a) "*when comparing Southern Electric's standard dual fuel credit tariff compared to all other major suppliers standard dual fuel credit tariffs averaged across the UK ... " represented a significant condition to the offer and should have been included in the body copy.

CAP Code (Edition 11)

BCAP TV Code

BCAP Radio Code

Response

1. Scottish and Southern Energy plc (Scottish and Southern) sent evidence that showed their dual fuel credit tariffs were the cheapest in the UK when the tariffs for each region were added together and averaged out. They pointed out that according to the Oxford English Dictionary the primary meaning of the noun "average" was "the result obtained by adding several amounts together and then dividing by the total number of amounts".  They said they had been careful to phrase the message so that it stated "on average across the UK" and did not imply it referred to an average customer rather than an average price.  They emphasised that the footnotes in ad (a) made it clear how the average was calculated and that the comparison was across the UK. They said that ad (b) made it clear in the voice-over and superimposed text that the comparison was made against the standard dual fuel credit tariffs of major suppliers. They said it was reasonable to expect viewers to investigate prices and savings based on their own circumstances. They emphasised that consumers would be aware of what was meant by "UK", and would know that this meant an area wider than their own region.

Clearcast said ad (b) made it clear that Scottish and Southern was not the cheapest in every region through the use of the word "average".  They said they had ensured that the word "average" was included in the voice-over and the superimposed text. They pointed out that the nature of averages meant one customer could make a saving while another could pay considerably more.

The Radio Advertising Clearance Centre (RACC) said the voice-over at the end of  ad (c) explained how the average had been calculated and therefore they did not consider the ad misleading.

2. Scottish and Southern emphasised that it was standard industry practice to explain that the comparison was made between standard credit tariffs in the footnote. They said this information did not represent an unusual or exceptional condition to the headline claim "Cheapest AVERAGE DUAL FUEL PRICES IN THE UK*" and therefore did not need to be included in it.

Assessment

1. Upheld

The ASA considered the evidence sent by Scottish and Southern. We noted that their standard dual fuel credit tariff was the cheapest when all regions were added together and averaged out.  However, we considered that not all consumers would be aware that energy prices varied according to region, and would understand the claims "cheapest AVERAGE DUAL FUEL PRICES IN THE UK*" in ad (a) and  "on average, Southern Electric offer the cheapest dual fuel prices in the UK" in ads (b) and (c) to mean Southern Electric were the cheapest for them, because they were the cheapest on average in the UK. Because there was one region where Scottish and Southern were not the cheapest, we concluded the ads were misleading.

On this point ad (a) breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 18.1 and 19.1 (Comparisons).

On this point ad (b) breached CAP (Broadcast) TV Advertising Standards Code rules 5.1 (Misleading advertising), 5.2.1 (Evidence), 5.2.3 (Qualifications) and 5.4.6 (Comparative advertising).

On this point ad (c) breached CAP (Broadcast) Radio Advertising Standards Code rule 2 sections 3 (Misleadingness),  4 (Superlative claims)  and 6 (Fair comparisons).

2. Upheld

We noted Scottish and Southern's comments.  However, we considered that most consumers would understand the comparison made in the headline claim "cheapest AVERAGE DUAL FUEL PRICES IN THE UK" to include all dual fuel tariffs. Because the claim applied to standard credit tariffs only, but did not make that clear, and implied it included all credit tariffs, we concluded that the footnote "*When comparing Southern Electric's standard dual fuel credit tariff ..." contained a significant qualification that should have been included in the body copy.

On this point ad (a) breached CAP Code clause 7.1 (Truthfulness) and 18.1 and 19.1 (Comparisons).

Action

Ad (a) must not appear again in its current form. Ads (b) and (c) must not be broadcast again in their current form.

Adjudication of the ASA Council (Broadcast)

Adjudication of the ASA Council (Non-broadcast)