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ASA Adjudication on Waters & Stanton plc

Waters & Stanton plc

Spa House
22 Main Road
Hockley
Essex
SS5 4QS

Date:

5 October 2011

Media:

Magazine

Sector:

Retail

Number of complaints:

1

Complaint Ref:

A11-163834

Ad

A magazine ad for a radar system, in the July edition of Airliner World, was headlined “AirNav RadarBox-3D Now Recognised As The Leader in ‘Desktop Radar’”. Text stated “The Pro version includes ... live local traffic up to 150 miles ...”. A paragraph entitled “Recent news” stated “AirNav RadarBox Pro becomes the leader in ‘Desktop Radar’ with its world 2D map system. Upgrade to the 3D Google Map version and you get so much realism & map detail, it is breathtaking”. Other features were also described. Text continued “Both systems are now being used by the BBC, the Canadian Space Authorities and airlines, for monitoring incoming and outgoing traffic. Recently Boeing adopted it for their Dream Liner project”.

Issue

The complainant, a moderator of Radarspotters, an independent forum for virtual radar receivers, challenged whether the claims:

1. “Now recognised as the leader in ‘Desktop Rada’r” and “AirNav RadarBox Pro becomes the leader in ‘Desktop Radar’” was misleading and could be substantiated;

2. “Now being used by the BBC” was misleading and could be substantiated, because he believed the AirNav were simply approached by a production company working for the BBC around three years ago;

3. “Now being used by the Canadian Space Authorities” was misleading and could be substantiated, because he believed AirNav was used only by the Royal Military College of Canada for a college project and by not the Canadian Space Agency; and

4. "Recently Boeing adapted it for their Dream Liner project" was misleading and could be substantiated, because he believed it was used by Goodrich Aerospace, not Boeing, 12 months previously.

CAP Code (Edition 12)

Response

1. Waters & Stanton, who distributed AirNav in the UK, provided comments from AirNav. AirNav stated that Martin Lynch of ML&S, who sold and distributed a range of products, had endorsed the AirNav RadarBox. They stated that he had previously claimed that SBS, a competitor, was the leader, but stated that it was now changing from SBS to RadarBox.

2. They provided a link to a forum posting on their website, dated June 2008, in which they had commented that AirNav had been approached by a production company working for the BBC, to assist with a documentary TV programme called "Britain from Above". The posting stated that AirNav had provided 48 hours of XML Network data that would display a 3D view of air traffic over Britain. It also provided a link to the BBC programme’s webpage.

3. They provided a link to a forum posting dated May 2009, in which they had commented that, in cooperation with a Canadian University, AirNav Systems was providing the hardware and software for their program entitled "Flying Laboratory for Observation of ADS-B Transmissions". They said the system was being integrated by the Physics and Space Science Department and the test balloon launch was scheduled for launch in late May 2009. The posting carried updates of the project’s progress throughout 2009.

4. They said that Boeing used several contractors and one contractor (Goodrich) used the RadarBox on their 787 project. They provided a link to a forum posting dated June 2010, which stated that Goodrich Aerospace Corporation had selected the AirNav RadarBox 3D as the real-time flight tracking solution used on the Boeing 787 Dreamliner project. It included a quote from Goodrich about the use of the product.

Assessment

1. Upheld

The ASA understood that the advertisers maintained that Martin Lynch of ML&S, who sold and distributed a range of products, including desktop radars, had endorsed the claim that RadarBox was the “leader”, but also noted that we had not seen any documentation to support the ML&S endorsement. We considered that “leading” claims were usually interpreted to mean that the product was the best-selling in its field, but noted that, in this case, the claim was placed in the context of claims about the features and improvements offered by the product, such as “AirNav RadarBox Pro becomes the leader in ‘Desktop Radar’ with its world 2D map system. Upgrade to the 3D Google Map version and you get so much realism & map detail, it is breathtaking” and considered that most readers would interpret the claim “the leader in Desktop Radar” to mean that the RadarBox-3D was the leader in terms of technological innovation.

Although we noted that the advertisers maintained that a distributor had claimed that RadarBox was becoming the leader, over a competitor, we noted that we had not seen supporting evidence for that claim or seen any other documentation setting out how the RadarBox-3D was the leader in terms of technological innovation. We therefore concluded that the ad was misleading.

On that point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7 (Substantiation).

2. Upheld

We noted that the full claim, in context, was “Both systems are now being used by the BBC, the Canadian Space Authorities and airlines, for monitoring incoming and outgoing traffic”. We understood that AirNav had been credited as a contributor of footage on a BBC TV series which had been broadcast in 2008, but did not consider that that was clear from the claim and context and considered that some readers might understand that the BBC had purchased the product and were using it on a continuous basis.

Because we had not received supporting evidence to show it was being used on a continuous basis, as the ad implied, we concluded that the claim was misleading.

On that point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7 (Substantiation).

3. Upheld

We considered that the claim “Now being used by the Canadian Space Authorities” suggested that the RadarBox was currently being used by the Canadian Space Agency (CSA) or an affiliated agency or body working directly for the CSA. We understood that the advertisers had provided material for a university program in 2009, but noted we had not seen information that showed how that project was intregral to the work of the CSA or that the product in question was currently being used by the CSA. We therefore considered that the claim was misleading.

On that point, the ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7 (Substantiation).

4. Not upheld

We understood that some work on the 787 Dreamliner project had been contracted to Goodrich by Boeing and understood that the RadarBox was being used by Goodrich for that Boeing project. We therefore considered that, because the product had been used for a Boeing project, albeit via a contractor, the claim “Boeing adapted it for their Dream Liner project" was unlikely to mislead. We also understood that the project had begun in the summer of 2010. We considered that work in a field such as air industry innovation and development was not generally short-term work, that many projects were likely to take some time to complete and could be ongoing for a long period of time. Therefore, in the context of a claim related to air industry development, we did not consider that it was misleading to state that work which had taken place 12 months previously was “recent”. We therefore concluded that the claim "Recently Boeing adapted it for their Dream Liner project" was not misleading.

On that point, we investigated the ad under CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7 (Substantiation), but did not find it in breach.

Action

The ad must not appear again in its current form.

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