Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Two Ads promoted campervan conversions:
a. A press ad in Practical Motorhome featured used and new campervans for sale, including new T2, T5 and Caddy Dynamic VW vans, and stated "Official Volkswagen Motorcaravan Supplier" next to a photo of a close-up of the Volkswagen's logo.
b. A press ad in Caravan Club magazine also featured used and new VW campervans for sale and stated "Official Volkswagen Motorcaravan Supplier" next to a photo of a close-up of the Volkswagen's logo.
Issue
One complainant challenged whether:
1. the claim "Official Volkswagen Motorcaravan Supplier"; and,
2. the use of the Volkswagen's logo
were misleading, because they believed that the advertiser had no official relationship with Volkswagen.
Response
1. Beetles UK Ltd t/a Danbury MotorCaravans said they were approved by Volkswagen UK to sell motorhome specification vehicles supplied by Volkswagen. They provided documentation from Volkswagen which confirmed they had an agreement to supply T5 Motorhome SE shells to Danbury MotorCaravans. They provided an article which referred to them as a VW specialist base. They stated they had not received any further complaints.
2. They stated they did not use the official VW logo/trademark, but pictured a photo of the front grill of one of their vehicles. They stated they did not need permission to show that photo.
Assessment
1. Upheld
The ASA consulted Volkswagen and understood that Volkswagen Commercial Vehicles had arrangements to supply the T5 Motorhome SE base vehicle to six UK Motorhome Converters through their network and that Danbury MotorCaravans (Beetles UK) were one of these converters.
We noted that the ad featured the T5 for sale alongside other converted Volkswagen models and considered that consumers would therefore infer that the claim "Official Volkswagen Motorcaravan Supplier" related to all models featured. Because the ad did not specify that Danbury MotorCaravans were an approved supplier of the Official VW Motorhome T5 only and because we had not seen evidence showing that Danbury MotorCaravans were an approved supplier of all the Volkswagen models featured, we concluded that the ads were likely to mislead.
On that point, the ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (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), 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. (Endorsements and testimonials).
2. Upheld
We consulted Volkswagen and understood that no converter had permission to use the Volkswagen logo and the only permission granted was to Volkswagen's franchised network of sales, service and parts dealers. We considered that a close-up photo of just the logo, effectively constituted use of the logo. Because we had not seen evidence to show that Danbury MotorCaravans’ use of the Volkswagen logo had been approved or authorised by Volkswagen, we concluded the ads were in breach of the Code.
On that point, the ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (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), 3.45 3.45 Marketers must hold documentary evidence that a testimonial or endorsement used in a marketing communication is genuine, unless it is obviously fictitious, and hold contact details for the person who, or organisation that, gives it. and 3.50 3.50 Marketing communications must not display a trust mark, quality mark or equivalent without the necessary authorisation. Marketing communications must not claim that the marketer (or any other entity referred to), the marketing communication or the advertised product has been approved, endorsed or authorised by any public or other body if it has not or without complying with the terms of the approval, endorsement or authorisation. (Endorsements and testimonials).
Action
The ads must not appear again in its current form. We told Danbury MotorCaravans to make clear that they were an approved supplier of the Official VW Motorhome T5 only and not to feature the Volkswagen logo if they did not hold evidence showing authorised use.
