ASA Adjudication on JML Direct Ltd

Ad

A teleshopping ad, for the Exakt saw, featured a presenter who stated that the saw blade could be set to cut depths up to 12 mm.

Issue

The complainant, who had purchased one of the saws, challenged whether the ad was misleading, because he found that it could cut only to a depth of 10 mm.

BCAP TV Code

Response

JML Direct Ltd (JML) maintained that the presenters description of the Exakt saw's cutting depth was accurate. They noted, however, that allowing debris to become trapped between the bottom face of the saw and the inner face of the guard could compromise the depth of cut, if the dust extraction mechanism was not properly activated. They pointed out that, of the significant number of Exakt Saws sold, they experienced a return rate of just 3.9% with nearly 40% of those returns requesting a replacement unit rather than a refund. They said only 11 clients had stated that they had returned the saw due to problems with the depth of cut.

JML tested 20 different units of the product and sent details of the trial. They found that the saws achieved cutting depths of between 12.0 mm and 12.17 mm with an average of 12.06 mm. They also sent a schematic of the saw that demonstrated the intended depth of the cutting aspect of the blade in the design of the product. JML had their own testing confirmed independently by a testing house and forwarded a copy of the tests they had carried out, which, JML pointed out, further confirmed the accuracy of their claim.

Assessment

Not upheld

The ASA noted evidence of testing provided by JML related to several different units of the product and was independently verified by the testing house. Although we acknowledged the possibility that the complainant could have experienced problems with his particular product, we considered that JML had substantiated the claim.  We concluded that the ad was unlikely to mislead.

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.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)