ASA Adjudication on Celotex Ltd

Ad

a. A magazine ad for Celotex Insulation offering fire resistant insulation stated “it’s the only rigid insulation board that offers Class O (fire) performance throughout the product - not just the foam core!”

b. A brochure ad also for fire resistant insulation stated “offering Class O fire performance throughout the product in accordance with BS 476.”

Issue

Kingspan Insulation Ltd challenged whether:

1. ad (a) was misleading, because it suggested the core itself offered Class O performance, whereas Kingspan believed the foam core on its own would not achieve a Class O rating; and

2. ad (b) was misleading for the same reasons in point (1).

CAP Code (Edition 11)

Response

1. & 2. Celotex stated that its FR4000 product had been fully tested by the Building Research Establishment.  They explained that, in order for a product to be deemed Class O it needed to pass two tests for fire propagation and measure of surface spread flame.  Celotex said that the FR4000 product, as a whole, achieved a Class O rating.  They argued the reference to "not just the foam core" was intended to make a comparison with their competitors products, in which they believed only the foam core had been tested.

Celotex agreed with Kingspan that it would be misleading to claim a foam core itself had a Class O rating because they believed testing should be based on how the product would be used, i.e. as a whole, rather than the rating for individual components and represent real life application.  They said they took care in the phrasing of the ad to make clear they were referring to the rating of the product and not just the foam core and considered the phrase "throughout the product" made this clear to readers. Furthermore, they believed that because the ads appeared in magazines that were primarily directed towards architects and their knowledgeable individuals, readers of those publications would understand the rating system for Class O fire products. Celotex therefore did not believe the ads were misleading.

Assessment

1. & 2. Not upheld

The ASA noted that both ads (a) and (b) stated the"FR4000 is the most cost effective, thermally efficient product offering Class O fire performance", which we considered made clear to readers that the Class O rating applied to the product as a whole. We acknowledged Celotexs contention that the ad was targeted towards knowledgeable readers who would be familiar with the rating system and the composition of products.  We considered that the claim "its the only rigid insulation board that offers Class O (fire) performance throughout the product - not just the foam core!" was likely to be understood by readers as referring to the rating of the product as a whole rather than being a specific claim about the rating of a particular component. We considered the ads were unlikely to convey the impression that Celotexs individual foam cores alone had a Class O rating and concluded they were unlikely to mislead.  

The ad was investigated under CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), but we did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)