ASA Adjudication on Crystal Canopies Ltd

Crystal Canopies Ltd

Crystal House
160 Wishart Street
Glasgow
G31 2HT

Date:

10 February 2010

Media:

Magazine

Sector:

Household

Number of complaints:

1

Agency:

Atalanta Advertising & Design

Complaint Ref:

108331

Ad

A magazine ad, for Crystal Canopies, stated “Installed in a day … No foundations required Sits on existing patio or decking …”. The ad included a photograph of three completed structures labelled "Crystal's Patented Garden Patio Room", "Arch Design Carport" and "Patio Canopy Arch Design".

Issue

Extend-A-Room challenged whether the following claims were misleading:

1.  "Installed in a day", and

2.  "No foundations required".

CAP Code (Edition 11)

Response

1. & 2.  Crystal Canopies Ltd (CC) explained that the cantilever beam used in CC structures was built to a registered, unique design, which gave it exceptional strength when it was cantilevered onto a wall.  They said, in relation to canopies, the structure required no additional posts, brackets or supports. The canopy itself consisted of cantilever beams that were bolted to the wall and the roof comprised structural glass-reinforced plastic (GRP) which had its own inbuilt strength and rigidness.  They asserted that their canopies could easily be installed in a day and their structural strength and integrity had been independently tested.  CC submitted a copy of the testing and its results to the ASA.

CC explained that they had developed the "Garden Patio Room" following the identification of the exceptional strength of their cantilever beams.  They said, whereas a conventional conservatory required foundations to support the walls of the room, the strength and support of the CC Garden Room came from the cantilevered beams, which attached directly to the wall. The room could therefore be installed on a customers existing patio, decking or other base supported by the house wall without the requirement for additional foundations.  They explained that the Garden Patio Room design was patented (they submitted a copy of the Patent certification to the ASA) and pointed out that CC were the only company that could use this installation method.  

CC explained that the rooms were pre-manufactured bespoke to the customers requirements and arrived in individual panels so that the whole structure, including walls, roof and glazing, was put together in one day.  They submitted a list of properties with canopies or Garden Rooms installed over the recent two- and a half-month period, which, they confirmed, had all been completed within one day.

Assessment

1.  Not upheld

The ASA understood that Extend-A-Room were concerned that the claim "installed in a day" was an absolute one, whereas it would not always be possible to complete a job in one day if work other than the assembly of the component parts was required, for example, if a floor needed to be laid.  We noted, however, text clarified that the type of Garden Patio Room advertised "sits on existing patio or decking" and considered that readers would understand it to mean that it would be possible to construct a room within one day if they already had a prepared patio or decked area.

We referred to the evidence submitted by CC, which confirmed that a number of recent customers had had a Garden Patio Room or canopy installed within one day and concluded that, in this context, the claim was unlikely to mislead.

2.  Not upheld

We considered that readers were likely to interpret the claim "No foundations required" in this context to mean that, during the course of the construction of a Garden Patio Room, which was erected on existing patio or decking, no foundations needed to be laid by CC as part of the process.  

We understood that CC based their patented Garden Patio Room on the registered design of their cantilever beam and that the strength and support of the structure was supplied in this way, rather than from the more conventional foundations-based approach.  We concluded that the claim was unlikely to mislead.  

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

Action

No further action required.

Adjudication of the ASA Council (Non-broadcast)

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