ASA Adjudication on TriSys Business Software Ltd

Ad

A brochure for recruitment software. Text stated "TriSys was the world's first Windows based recruitment software". The brochure included a table that compared the features offered by the advertiser's software with those offered by "others".

Issue

First Choice Software challenged whether:

1. the claim "the world's first Windows based recruitment software" was misleading and could be substantiated, and

2. the comparison table was misleading, because several of the features listed as unique to the advertisers software also appeared in their competitors' products.

CAP Code (Edition 11)

Response

1. TriSys Business Software Ltd (TriSys) sent details of their products since 1992, when they developed their first version running on Microsoft Windows.  They said they had exhibited at the Recruitment '94 exhibition in London in October 1994 and maintained that they were the only commercially available Windows based Recruitment Software at that time. They also said they were a Microsoft Certified Partner. TriSys maintained that, according to First Choice Software's website, their recruitment software package, RDB Pro, was released in 1995, three years after TriSys' first version.

2. TriSys said the comparison table was merely a summary and pointed out that the table highlighted a comparison between their products and "Others". They maintained that it did not constitute a direct comparison with their competitors.

Assessment

1. Upheld

The ASA noted TriSys had based their claim on the understanding that First Choice Software's recruitment package was released in 1995.  However, we noted First Choice Software maintained that their product had been available prior to 1995 under another brand name.  We noted TriSys and First Choice were not the only two companies in the recruitment software market and that TriSys had sent no evidence to show when other competitors products had come on the market. We therefore considered that TriSys had not substantiated the claim "world's first Windows based recruitment software".

On this point, the brochure breached Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

2. Upheld

We noted TriSys maintained that the ad did not feature a direct comparison with their competitors.  However, we considered that readers were likely to understand that the reference to "Others" at the head of the column referred to all TriSys' competitors in the market.  We also noted the table featured a series of question marks and crosses against the many different features listed. Consequently, we considered that readers were likely to expect that the features marked with a cross in the "Others" column were only available with the TriSys product. Because TriSys had not sent evidence to demonstrate that they were, we concluded that the ad was likely to mislead.

On this point, the brochure breached Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 19.1 (Other comparisons).

Action

The ad must not appear again in its current form.

Adjudication of the ASA Council (Non-broadcast)