ASA Adjudication on Aquacoat Ltd
Aquacoat Ltd
49 High Street
Chellaston
Derby
DE73 6TB
Date:
7 April 2010
Media:
Leaflet
Sector:
Household
Number of complaints:
1
Complaint Ref:
115828
Ad
A leaflet for a company offering a roof coating material showed an illustration of how the product worked and included the statement "SAVE UP TO 40% OF HEATLOSS". The leaflet also stated "Our unique coatings have been designed incorporating the "Therma Gore Tex process" which can save up to 40% heat loss through your roof tiles".
Issue
Derbyshire Trading Standards challenged whether the claim "save up to 40% heat loss" could be substantiated.
CAP Code (Edition 11)
Response
Aquacoat Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Aquacoat's lack of response and apparent disregard for the Code, which was a breach of CAP Code clause 2.6 (Non-response). We reminded them of their obligations under the Code and told them to respond promptly in the future.
Because Aquacoat had not provided evidence to demonstrate the efficacy of the roofing material, we considered that the claim "save up to 40% heat loss through your roof tiles" had not been substantiated and that the ad was likely to mislead.
The ad breached CAP Code clauses 2.6 (Non-response) 3.1 (Substantiation) and 7.1 (Truthfulness).
Action
The ad should not appear again in its current form. We asked CAP to inform its members of the problem with Aquacoat.
Adjudication of the ASA Council (Non-broadcast)
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