Ad description
Claims on a website for a magnetic fuel device, seen on 29 July 2011, stated "Save Money and the Planet with LowGas fuel Economiser. It Works!... Save around 15% on your fuel costs. Needs no maintenance. Easily transferable from car to car. Cannot harm your engine or void your warranty. Cleans existing carbon deposits on your engine. Boosts engine performance. The lowest priced product of its kind on the UK market".
Under a heading "How it Works", text stated "... By applying LowGas to your fuel line ... This then results in a reduction in harmful emission gases ... Will it work on fuels other than petrol? Yes, it will work on petrol, diesel as well as bottled methane and propane gas. If you attach LowGas to your waterline, it will keep limescale at bay too".
Under a heading "Road Test Results", text stated "Tests of LowGas Gainex over 2 months (20 tank fills) showed a 15 percent improvement in fuel consumption, saving over £90 at present prices in the Period (vehicle: Hyundai Accent 1.5 litre saloon)". Underneath, a table contained data under three headings: "Manufacturers MPG", "MPG With Gainex LowGas" and "Percentage of MPG Increase". Text alongside stated "Average of percentage increase 15.3".
Issue
The complainant challenged whether:
1. the claim "Save around 15% on your fuel costs" was misleading and could be substantiated;
2. the claim "Cleans existing carbon deposits on your engine" was misleading and could be substantiated;
3. the claim "If you attach LowGas to your waterline, it will keep limescale at bay too" was misleading and could be substantiated;
4. the claim "... it will work on petrol, diesel as well as bottled methane and propane gas" was misleading and could be substantiated; and
5. the road test results were misleading and could be substantiated.
6. The ASA challenged whether the claims that the device could "Save ... the Planet" and reduce "harmful emission gases" were misleading and could be substantiated.
Response
Gainex said it was not their policy to respond to complaints made by anonymous complainants. They said they had data to support their claims but were unwilling to provide it. They suggested that the ASA or the complainant purchase the product and carry out their own testing. They pointed out that they had only ever received one complaint from a customer about their product.
Assessment
1. – 6. Upheld
The ASA considered that because Gainex had not provided any evidence in support of their claims, the claims had not been substantiated. We therefore concluded that the claims were misleading.
We were disappointed with Gainex's unwillingness to co-operate and reminded them of their responsibility to hold adequate substantiation in support of any claims made and to provide this to the ASA upon request.
The claims breached CAP Code (Edition 12) 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. and 3.3 (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation) and 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Exaggeration).
Action
We told Gainex to remove the claims from their website. We reminded them not to make objective claims in their advertising if they are unable or unwilling to substantiate them. We referred the matter to CAP's compliance team.
