ASA Adjudication on Apple (UK) Ltd

Ad

A TV ad demonstrated a range of applications for the Apple iPhone. The voice-over stated “If you need to find a cab in a strange city, there’s an app for that. Or figure out your share of the bill for a table of five, there’s an app for that. Or fix a wobbly bookshelf, there’s even an app for that. Yep there’s an app for just about anything. Only on the iPhone.” On-screen text stated "Network speeds may vary. Apps sold on apps store ... Only on O2."

Issue

Ten viewers challenged whether the ad was misleading, because although the voice-over stated "Only on the iPhone", the G1 phone had a similar application market place from which a range of applications could be downloaded.

BCAP TV Code

Response

Apple UK Ltd (Apple) said the claim "Only on the iPhone" followed directly from the phrase "theres an app for just about everything." They said the App Store provided users with a unique experience unmatched by any other application market place, including the Android Market which provided applications for the G1 phone. They pointed out that the number of applications available at the App Store was far higher than their competitors, and there were currently over 50,000 applications available. They said the App Store allowed users to search by category, had a mixture of paid-for and free applications, was available in 88 different countries and was accessible on a number of platforms.

By contrast, they said the applications available for the G1 phone numbered around 2100 and were available to consumers in nine countries only. They emphasised that the iPhones Multi-Touch functionality was more advanced than any competing functionality and allowed users to perform actions such as "pinch-to-zoom" and "swipe-to-scroll". They said that because of its reputation, many brands and developers launch their applications only on the App Store.

Clearcast acknowledged not all the applications illustrated in the ad were exclusive to Apple. However, they said the number and variety of applications available on the iPhone surpassed those available on any other phone, and were satisfied that the claim "an app for everything. Only on the iPhone" was accurate and did not mislead.

Assessment

Not upheld

The ASA noted the ad demonstrated a range of applications before the voice-over stated "theres an app for just about anything. Only on the iPhone". We therefore considered viewers would understand the claim "Only on the iPhone" to refer to the range of apps available and the user experience of the App Store and iPhone, and not that they were the only company to provide applications for mobile phones. Because Apple had shown there were far more applications available for the iPhone than the G1 phone, and user-experience of the iPhone and the app store was distinct from its competitor, we concluded the claim "Only on the iPhone" was justified and not misleading.

We investigated the ad under CAP (Broadcast) TV Advertising Standards Code rules 5.1.1 (Misleading advertising) and 5.2.1 (Evidence) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Broadcast)