ASA Adjudication on Blue Carbon Ltd
Blue Carbon Ltd
Unit 1
Woodingdean Business Park
Sea View Way
Brighton
East Sussex
BN2 6NX
Date:
15 February 2012
Media:
Internet (on own site)
Sector:
Business
Number of complaints:
2
Complaint Ref:
A11-157911
Ad
A website ad on www.bluecarbon.com, seen on 5 May 2011, promoted energy saving technology. Text outlined how the technology worked and stated, "... Electrical Current Optimisation™ is the result of rotating electromagnetic waves and far infra-red rays that temporarily pair free electrons. The paired electrons are delivered into the electrical current through the copper wiring, reducing the resistance within the complex electrical loads. The reduced resistance optimises the electrical current and reduces the power consumed by the loads ...".
Issue
AYUP Ltd and one complainant challenged whether the claims for Electrical Current Optimisation™ technology could be substantiated.
CAP Code (Edition 12)
Response
Blue Carbon said they had recently updated their technical data sheet for the product and revised the description of how the product worked. They said the product and the technology and science behind it were patented and contained trade secrets, so stated that they therefore aimed to provide some basic information on how the product worked, but it was not intended to be exhaustive. They accepted that the complainants may have made a valid point in their complaints, but said they had revised the technical description to resolve the issue.
Blue Carbon said the product was invented in Korea, and patents titled "Electric Power Saving Device" had been granted in Korea, China and Australia for the technology. They said the product had been installed in the UK and in five industrial settings in Greece and Spain, and said it had been submitted for performance testing in an independent laboratory in Austria. They provided evidence of four case studies where the product had been installed in the UK, and the results of laboratory testing in Austria.
Blue Carbon said they had adopted the International Performance Measurement and Verification Protocol (IPMVP) to analyse and calculate the savings produced by their technology and they had also submitted the technology to an independent German laboratory for further performance tests.
Assessment
Upheld
The ASA took expert advice. We understood that the revised technical description could not operate in the way described in the ad and backing technical description, and that they contained several contradictions. For example, the description stated that the product relied on magnetic fields to work, but it also stated that it was connected in parallel to the system supply, which we understood meant it would draw only a small current with a negligible magnetic field. We also understood that if the product could produce non-negligible magnetic fields then that would raise the power factor, which was contradictory to a statement on Blue Carbon's website that it would not.
We noted the results of the Austrian laboratory testing showed energy savings of around 5% when boiling water. However, we noted that several tests had been carried out, and while the energy consumed was less with the product attached in some cases, the energy consumed was more in others. We considered that meant the 5% finding could be due to experimental error, and that the variation in test results meant the results could only be considered inconclusive.
We also noted that while patents had been filed in several territories including Australia, China and Korea, the International Patent Documentation Centre record showed that no patent had been granted for the product.
Because the descriptions for how the product worked had no scientific basis, and because the case studies had not proven that the product could generate energy savings, we considered the claims had not been substantiated and concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
Action
The ad must not appear again in its current form. We told Blue Carbon not to make any claims for the energy savings or for the scientific basis of the product, without holding substantiation for them.
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