ASA Adjudication on Elka Heating

Ad

A regional press ad, for Elka Heating, was headlined "AMAZING HEATING FROM GERMANY - Mfg Est Since 1946". It stated "Heaters can be free standing, wall mounted or on castors and simply plug in to install! They might look like ordinary radiators, however, they are EXTRAORDINARY". The potential for low running costs and energy conservation is astounding. See for yourself how just 5 minutes electricity is turned into heat that goes on and on for over an hour and up to 100 minutes. We believe NO other heating can compare…”

Issue

Electrorad challenged:

1. whether the ad implied the product was first manufactured in 1946, because they believed production had started in the 1970's; and

2. the claim "We believe NO other heating can compare".

CAP Code (Edition 11)

Response

Elka Heating said they had obtained guidance from the CAP Copy Advice team and maintained that they had followed that advice when preparing the ad under investigation. Elka Heating pointed out that the ad did not state that their heating products had been manufactured since 1946, merely that their German suppliers had been manufacturing heating related products since that date. They sent a company registration document from 1949 and a signed submission from the owner of the firm, which attested that it had been in family ownership since 1945 and had begun to manufacture electrical and heating related products in 1946.

Elka Heating said their claim "We believe NO other form of heating compares" was based on advice obtained from the CAP Copy Advice team. They said they believed no other heating system could compare for many reasons, including their 5 year replacement guarantee, price, ease of installation, ease of movement, low running costs, no servicing and environmental friendliness. They pointed out that part of their sales practice was to demonstrate their products to all potential customers for them to make up their own mind.

Assessment

1. Complaint not upheld

The ASA noted the documentation sent by Elka Heating demonstrated that the company had been in continuous family ownership since 1945 and had manufactured electrical and heating related products. We noted the CAP Copy Advice team had advised Elka Heating that the claim "Mfg Est since 1946" was likely to be seen as a reference to the German manufacturer, not the particular product. We considered that readers would understand from the claim "Mfg Est Since 1946" that the manufacturer had been established since 1946. We considered that readers were unlikely to infer that the advertised product had been manufactured continuously since 1946. We concluded the claim was unlikely to mislead.

On this point, we investigated the ad under CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness) but did not find it in breach.

2. Complaint not upheld

We noted the CAP Copy Advice team had advised Elka Heating that "no other heating can compare" was likely to be acceptable under Code clause 8.1, which stated "marketers may give a view about any matter, including the qualities… of their products, provided it is clear that they are expressing their own opinion rather than stating a fact." We considered that the claim was unlikely to be seen by readers as a direct qualitative comparison to other heating products because it was presented as an opinion and the ad did not refer to any other types of heating. We concluded that the ad was unlikely to mislead.

On this point we investigated the ad under CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Comparisons) but did not find it in breach.

Action

No further action required.