Ad description
An e-mail and a website ad on 25 May 2011, advertised ink cartridges.
a. An e-mail listed offers on remanufactured toners. The top right-hand corner of the e-mail contained a logo that stated "REMANUFACTURED IN THE UK".
b. A website ad stated "REMANUFACTURED IN THE UK ... With our manufacturing facilities and the unique blend of strategically imported products we are well placed to satisfy your specific requirements".
Issue
The UK Cartridge Remanufacturer's Association challenged whether the claim "REMANUFACTURED IN THE UK" in the ads was misleading and could be substantiated, because they understood that not all products were remanufactured in the UK.
Response
Tanark Manufacturing Ltd (Tanark) said they clearly stated on their website that they remanufactured products in the UK and imported products, and said the ability to both remanufacture and import products was their unique selling point. They said the cartridges shown on their home page next to the text “REMANUFACTURED IN THE UK” were remanufactured in the UK.
Tanark said they remanufactured around 60% of their products and were planning to increase that by 30% in the coming year. They said no manufacturer could remanufacture 100% of their products.
Assessment
Upheld
The ASA noted that the “REMANUFACTURED IN THE UK” logo was featured next to the company name at the top of the e-mail, and placed prominently on the home page of Tanark’s website. We therefore considered that readers would infer from the logo that Tanark remanufactured all their products, not just the products depicted in the ads. Because approximately 40% of Tanark’s products were imported we concluded the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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).
Action
The ad must not appear in its current form again.
