ASA Adjudication on Bosch Thermotechnology Ltd

Ad

A national press ad for boilers had the headline "Families. They don't come cheap. So let us help with the cost of living. With boilers that can reduce your gas bill by up to £250*". Text underneath stated "With fuel prices set to increase by another 35-40% by the end of the year Worcester is committed to saving Britain money. Switching to an A-rated Greenstar boiler could save you up to £250 a year on fuel costs - as well as reducing your carbon footprint". Footnoted text linked by asterisk at the bottom of the ad stated "Compared to a boiler over 10 years old, using a full set of heating controls in conjunction with a high-efficiency condensing boiler. Source: Energy Saving Trust".

Issue

The complainant challenged whether the claim that fuel prices were set to increase by another 35-40% by the end of the year was misleading and could be substantiated.

CAP Code (Edition 11)

Response

Bosch Thermotechnology Ltd (Bosch) said the figures stated in the ad were based upon a number of sources and claims made in the press, on radio and television and by Energywatch and Ofgem. They explained that the fuel market was volatile, which made it difficult to be precise about the degree of the likely fuel costs, so they had used the phrase "set to rise by 35-40%" rather than "will rise by 35-40%". Bosch submitted a press article, a web article and an extract from Gas Guide News Blog in support of the claim.

Assessment

Upheld

The ASA noted Bosch's response. We also noted that the two articles they submitted in support of the claim related to specific gas price increases announced by two utility companies in July 2008, and that the extract from Gas Guide News Blog, dated August 2008, suggested that prices might continue to rise over the next two years. We understood that those fuel price increases announced in July 2008 had been implemented with immediate effect and were already in place by the time the ad appeared in November 2008. We considered that most consumers would understand the claim "With fuel prices set to increase by another 35-40% by the end of the year" to imply a strong likelihood of additional, imminent gas price increases after the date the ad appeared. Because we had not seen evidence that demonstrated that further fuel price increases were expected to occur between November and December 2008, we concluded that the ad was misleading.

The ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)