ASA Adjudication on Natural Health Care

Ad

A national press ad for Natural Health Care appeared under the newspaper heading "MOBILITY" and was headed "WE WANT YOUR OLD SCOOTER - GUARANTEED MINIMUM £1,000 PART EXCHANGE ON OUR PREMIER RANGE." A photograph of a mobility scooter was shown at one side of the ad. Body copy stated "Seldom beaten on price - Family run business - Massive stocks - Easy payment plans - Free home trials - from £495." A caption stated "10mph & 2 Seaters NOW AVAILABLE." An 0800 telephone number appeared at the bottom of the ad.

Issue

Gravitas Communications Ltd challenged whether the ad was misleading because they believed:

1.  mobility scooters had a maximum speed of 8 mph and

2.  it was not permissible for a mobility scooter to seat more than one person.

CAP Code (Edition 11)

Response

1.  Natural Health Care said they believed it was permissible for scooters to travel at speeds of greater than 8 mph in off-road situations only.  They said the need to limit speed to no more than 8 mph was made clear in literature supplied by the manufacturer which they passed on to customers.

2.  They said they were not aware of legislation that restricted the seating capacity of mobility scooters to no more than one person.

Natural Health Care said they had ceased advertising and were not proposing to advertise again for the foreseeable future.

Assessment

1. & 2.  Upheld

The ASA understood that, although there was no reason why the scooter products advertised could not be sold and used in appropriate situations, scooters capable of speeds greater than 8 mph and with seats for more than one person could not be classed as invalid carriages under the "Chronically Sick and Disabled Persons Act 1970."  We considered that was likely to have significant implications for customers who wished to use the vehicle in the same way as scooters not capable of exceeding 8 mph and with seats for one person only.  We considered that was a significant limitation that should have been made clear in the ad or, at the very least, in the marketing information that was sent to enquirers before they placed an order.

The ad breached CAP Code clauses 3.1 (Substantiation) and 7.1 (Truthfulness).

Action

We welcomed Natural Health Care's assurance that they were no longer using this ad.  We required them to amend it to state the limitations in the ad or to ensure the limitations were made clear in marketing information sent to respondents to the ad.

Adjudication of the ASA Council (Non-broadcast)