Ad description
A website for Hodson Developments property developer, www.hodsondevelopments.com, featured a page headed "GUARANTEE". Text on the page included "At Hodson Developments we work side by side with the National House-Building Council (NHBC) throughout every stage of the construction of your new home. Once your home has been finished an inspector from the NHBC will walk around the property, examining it in detail, to make sure the house has been built to perfect order. Upon passing the home the NHBC will issue a Buildmark Pack to ourselves, of which, we will pass on to your solicitor upon exchange of contract. Inside you'll find details of the guarantee, including the date on which it becomes effective (the NHBC Ten Year Notice)."
Issue
The complainant, who did not believe the advertiser was a registered member of the NHBC, challenged whether the references to the NHBC were misleading.
Response
Hodson Developments Ltd did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was disappointed by Hodson Developments Ltd's lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their obligation to respond promptly to our enquiries and told them to do so in future.
We considered the references to NHBC implied Hodson Developments Ltd were registered members of NHBC. Because we had not been provided with evidence that was the case we concluded the claims were 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), 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 3.50 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. and 3.51 3.51 Marketing communications must not falsely claim that the marketer, or other entity referred to in the marketing communication, is a signatory to a code of conduct. They must not falsely claim that a code of conduct has an endorsement from a public or other body. (Endorsements and testimonials).
Action
The ad must not appear again in its current form. We told Hodson Developments Ltd not to state or imply they were members of NHBC. We referred the matter to CAP's Compliance team.
