Ad description
A website selling mobility scooters, www.worldofmobility.co.uk, featured the "Freerider Luggie Mobility Scooter".
Issue
UK Mobility Group Ltd challenged whether the ad misleadingly implied that the Freerider Luggie Mobility Scooter was available at World of Mobility.
Response
World of Mobility did not provide a written response to the complaint. During a telephone conversation they said they were aware that the UK Mobility Group had exclusive rights to sell the Freerider Luggie Mobility Scooter (Luggie Scooter). However, they said they had purchased stock of Luggie Scooters before this agreement was in place and they had two left, which they intended to sell.
Assessment
Upheld
The ASA noted that UK Mobility Group said they had the exclusive right to distribute the Luggie Scooter and they therefore challenged whether World of Mobility was advertising a product they were no longer able to sell.
We had not seen evidence to show that World of Mobility were able to supply the Freerider Luggie Mobility Scooter. For that reason, we concluded that the ad was misleading and breached the Code.
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 advertising must not appear again in its current form.
