ASA Adjudication on Price Busters TV Limited

Ad

An ad for a Super Trimo on Price Busters TV stated:

“This is what it claims to do: It uses heat to increase your metabolism and ultimately help you lose weight. It’s basically designed for weight loss. It’s also designed to help eliminate toxins, combat cellulite and to ease back and other joint pain.”

“All it does is fit round your waist, or your thighs, or round your posterior or round arms wherever you need that heat to either help you lose weight or ease joint pain.”

“In fact it claims to help you lose 2 cms in 50 mins”.

“Remember though in terms of the weight loss this product claims to increase metabolism and that’s how it helps you shift the weight.”

“Something like this could cost you an arm and a leg … Gym membership costs you an arm and a leg every month and then you don’t go … I’m not talking about £30 here, I’m not talking about £20 … I’m talking about a tenner.”

Another ad, for a Palson Mercury Steam Iron, claimed:

“A good steam iron: you would expect to pay around £45 and I am not lying there, that is the truth. I am going to give you this one for £16”.

“It can help you get rid of, like, house dust mites and also in the summer time seems good for counteracting pollen as well on your clothing …”

Another ad, for a memory pillow, claimed:

“Now apparently also this can stop you snoring … you are actually going to stop snoring; this is fantastic if you’re a bit of snorer or your partner’s a bit of a snorer … this could stop that … you could be enjoying a peaceful snore-free night.”

“It’s supposed to relieve pain for back and neck pain sufferers as well and also helpful in reducing snoring. Snoring, stress and insomnia apparently can be combated with these memory pillows … and promotes healthy dehydration of the intervertebradal discs of the spine”.

Another ad, for a Montrose gents gold-plated watch, claimed:

“If you did want to check out the Oskar Emil website you’d be blown away with the reduction in

Issue

BCAP staff challenged whether:

1.  the Super Trimo would increase metabolism, help weight loss, eliminate toxins and combat cellulite;  

2.  the Palson Mercury steam iron would get rid of dust mites and counteract pollen;

3.  the memory pillow would combat snoring, stress, insomnia and would relieve back and neck pain and promote healthy dehydration of the intervertebradal discs of the spine;

4.  the Super Trimo had been sold for £30;

5.  a steam iron of quality similar to that of the Palson Mercury had been had been sold for £45 reasonably widely;

6.  the Montrose gents gold-plated watch had been sold for over £400 on the Oskar Emil website and generally for £150 to £200.

BCAP TV Code

Response

1.  Price Busters TV stated that their policy was to make clear that the claimed effectiveness of the products was attributed to the manufacturer and not Price Busters TV.  They believed that ensured the public was not misled.

2.  Price Busters TV explained they had used information, from a website, that maintained that steam pressure cleaning had the ability to kill dust mites and remove allergens.  They submitted evidence from a double-blind trial, which was set up to determine whether combined steam and heat treatment of home furnishings could reduce asthmatic patients bronchial hyperactivity. In the trial, the mattresses and duvets were treated with hot air over 110 C°, followed by steam and then heat again.  Also, the subjects carpets were steam cleaned.  The study concluded that a single treatment of home furnishings reduced mite allergen load to below the risk level for sensitisation and improved the asthmatic patients bronchial hyperactivity four fold.

3.  Price Busters TV maintained the presenter had made clear that the claims were not statements of fact by saying "this is what happens apparently".

4.  Price Busters TV admitted an ambiguity with the price comparison.  They submitted one website as evidence to show the Super Trimo had been sold for £19.99.  

5.    Price Busters TV submitted one website that had prices for irons ranging from £55 to £27.

6.   Price Busters TV submitted one website that listed a £75 price for the watch and the Oskar Emil website, which stated an RRP of £465.  They maintained the watch was on sale in two jewellers shops for between £400 and £535.

Assessment

1.  Upheld

Because it had seen no evidence to substantiate them, the ASA considered that the claims were misleading.  We reminded Price Busters TV that "no advertisement may directly or by implication mislead about any material fact or characteristic of a product or service"; that rule applies regardless of to whom the claims are attributed.  

The ASA was concerned because, in an earlier adjudication arising from a monitoring challenge for a similar product in May 2005, the ASA had considered that the references to weight loss, toxin elimination and cellulite removal were misleading.  We were concerned by the broadcasters non-compliance with a previous adjudication and considered it to be a serious breach of the channels broadcast licence conditions.

2.  Upheld

We considered that the steam treatments used in the trial were different from those that might be achieved merely with a steam iron.  We considered that the claim was misleading, because the evidence was inadequate to support the claim.

3.   Upheld

We considered that the claims were misleading.  

4.  Upheld

We considered that Price Busters TV had not substantiated the claim that a Super Trimo had cost £30, let alone "an arm and a leg".  We told the broadcaster to ensure that all future price claims, whatever the product, did not mislead.  

5.    Upheld

We noted the DTI Code of Practice for Traders on Price Indications October 2005 stated that prices could be compared with those of another trader only if the other traders price was accurate and up-to-date, the other traders name was given and the price applied to the same product.  We considered that the advertised comparison was misleading, because the irons were not the same or substantially similar, the differences were not explained and the trader was not named.  We noted the broadcaster supplied no evidence to support the claim that the Palson Mercury Steam iron had ever been sold for £45.  We considered that the price comparison was misleading.  

6. Upheld   

We noted it was not possible to buy the watch directly from the Oskar Emil website and Price Busters TV had not demonstrated the general availability of the watch for £150 to £200.  We considered that the price comparison was misleading.

We concluded that the ads breached rules 5.1 (Misleading advertising), 5.2.1 (Evidence) and 5.3.1 (Accurate pricing) of the CAP (Broadcast) TV Advertising Standards Code.

Action

The ads must not be shown again in their present form and no product should be advertised without adequate substantiation for the claims made.

Adjudication of the ASA Council (Broadcast)