Ad description
A brochure for the Virage range of gas fires stated, "Virage has been developed to provide superb energy efficiency with stylish looks and is available as a free standing or hole in the wall unit. With a heat output of 4.6kW and an efficiency of 67% Virage is not to be confused with other products on the market that claim higher efficiency but fail to deliver in real world installations. Virage has a heat output of 4.6kW as approved by Gastec@Cre".
Issue
Nu-Flame Ltd challenged whether the heating output and efficiency claims could be substantiated.
Response
Legend Fires Ltd (Legend Fires) supplied test documentation compiled by a 'Notified Body' authorised to carry out CE Approval Test Work. The test report was compiled to BS 7977-1:2009. The report provided a "Net Efficiency" score of 66.5%, which Legend Fires had rounded up to 67% for the brochure. In order to calculate the "heat output" they multiplied the 'Gas Usage' figure (6.9 kW) by the 'efficiency'. This equalled a heat output of 4.623 kW, which Legend Fires had rounded down to 4.6 kW for the brochure.
Assessment
Not upheld
The ASA noted the test report submitted by Legend Fires Ltd was compliant with BS 7977-1:2009, which we understood was the most recent standard in this area. We noted the efficiency figure claimed in the ad had been rounded up from the test report figure, but we considered this was acceptable and unlikely to mislead consumers. Because the claims were supported with test data from a Notified Body and under the controls of the most recent British Standard, we considered that they were substantiated. We therefore concluded that the ad had not breached the Code.
The ad was investigated under 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) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration) but we did not find it in breach.
Action
No further action necessary.
