ASA Adjudication on Subaru (UK) Ltd

Ad

A national press ad, for the Subaru Tribeca SE5, was headlined "WHY YOU SHOULD BUY A NEW SUBARU TRIBECA SE5 by A BMW X5 3.0i SE" and listed several reasons including "I've got a manual gearbox. The Tribeca's got an automatic gearbox with SportShift."

Issue

BMW objected that the claim "I've got a manual gearbox" was misleading and an unfair comparison, because the latest version of the BMW X5 had an automatic gearbox as standard.

CAP Code (Edition 11)

Response

Subaru said their ad made a very clear comparison between two very specific models; the Subaru Tribeca SE5 and the BMW X5 3.0i SE. They said the motor industry gave model variants such specific descriptions in order that they could be clearly identified by the public. They said the ad referred clearly to the BMW X5 3.0i SE, which had a manual gearbox and not the BMW X5 3.0si SE, which had an automatic gearbox. They pointed out that the BMW X5 3.0si had a higher price than the BMW X5 3.0i SE, which they asserted was further evidence that they were different vehicles.

They said the ad had run from 17 January to 17 March and at that time the 3.0i SE was being promoted on the BMW website as the current model (they provided information taken from the BMW website in February). They also pointed out that the BMW website stated that the new X5 model would be launched in Spring, which meant that it was not yet available.

They said, although BMW might have been taking orders for the new X5 model before it was available, that did not make the 3.0si the current model. They provided a copy of an e-mail from the BMW customer information department, in which the 3.0i was described as the current model and which suggested a local dealer might be able to source that model from stock.

Assessment

Not upheld

The ASA noted BMW objected to the comparison with the 3.0i model, because that model had not been available to purchase when the ad was published. BMW said the latest X5 model had been available to order since August 2006 and it did have an automatic gearbox as standard. BMW also stated that the 3.0i model had ceased production in July 2006 and the last BMW 3.0i had been registered on 29 September 2006, which meant the model had been out of stock for four months by the time the ad was published.

We noted Subaru believed the X5 3.0i was the current model at the time the ad appeared, because information about the model was still available to view on the BMW website and the new model was only available to pre-order. Although we noted at the time the ad appeared a new version of that model was no longer available to purchase, we also noted the ad specifically named the model with which Subaru was making a comparison. In addition, we noted the model referred to in the ad had a manual gearbox as stated.

We considered that because the ad made clear which model was being compared, and the comparison was accurate, the ad was unlikely to mislead readers.

We investigated the ad under CAP Code clauses 7.1 (Truthfulness), 18.1 and 18.3 (Comparisons with competitors and/or their identified products) but did not find it in breach.

Action

No further action required.

Adjudication of the ASA Council (Non-broadcast)