Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A national press ad for the BMW 760Li xDrive, seen in the Telegraph Magazine on 14 January, featured the headline claim "LUXURY JUST LOST ITS MANNERS." Further text stated "Introducing the BMW M760Li xDrive. M Performance TwinPower [sic] Turbo technology. 6.6 litre V12. 610 hp. 0-62mph in 3.7 seconds. For some, the climb to the top is quicker".
Issue
1. The complainant challenged whether BMW had made speed the main message of the ad.
2. The complainant also noted that the Highway Code prohibited driving without reasonable consideration for other road users, and therefore challenged whether the claim "Luxury just lost its manners" condoned irresponsible driving.
Response
1. BMW said they had included the car specifications in the ad to inform consumers. They explained that their target audience for the vehicle were ambitious “high-net-worth” business leaders. They said that the claim “for some, the climb to the top is quicker” was not, therefore, a reference to the acceleration of the vehicle but to their audience climbing to the top of their careers.
The Telegraph did not believe the ad focused on speed. They highlighted that 62mph was below the UK motorway speed limit.
2. BMW said that the claim “Luxury just lost its manners” was an example of advertising puffery, which did not conflict with the CAP Code. They believed it was a subjective marketing term that could not be linked to irresponsible driving. They said the claim was intended to suggest that the car redefined the concept of a luxury car. In addition to the traditional luxuries of comfort and refinement, the car also had performance credentials related to its power and dynamic handling characteristics.
The Telegraph did not believe the message of the ad would encourage irresponsible driving; they said the claim was a reference to luxury and high performance no longer being mutually exclusive.
Assessment
1. Upheld
Rule 19.4 19.4 Marketers must not make speed or acceleration the main message of their marketing communications. Marketing communications may give general information about a vehicle's performance, such as acceleration and mid-range statistics, braking power, road-holding and top speed. of the CAP Code stated that, while marketing communications could give general information about a vehicle’s performance, such as acceleration, they must not make speed or acceleration the main message. The ad featured the prominent headline claim “Luxury just lost its manners”, which was followed by two of the vehicle’s notably high performance specifications: 610 horsepower and acceleration from 0 to 62mph in 3.7 seconds. In that context, the ASA considered consumers would interpret the headline claim to mean that, unlike other luxury cars on the market, the BMW car was notable for its fast acceleration and powerful engine. We considered that the claim “for some, the climb to the top is quicker” was ambiguous and could be interpreted as a reference to a climb to the top of one’s career or, equally, a reference to the speed of the car. In the context of the rest of the ad, we considered that the claim contributed further to the focus on speed and acceleration. We considered that the cumulative effect of the claim “Luxury just lost its manners”, the vehicle’s acceleration and power statistics, and the claim “for some, the climb to the top is quicker” made speed and acceleration the main message of the ad. We therefore concluded that the ad breached the Code.
On that point, the ad breached CAP Code (Edition 12) rule 19.4 19.4 Marketers must not make speed or acceleration the main message of their marketing communications. Marketing communications may give general information about a vehicle's performance, such as acceleration and mid-range statistics, braking power, road-holding and top speed. (Motoring).
2. Upheld
Rule 19.2 19.2 Marketing communications must not condone or encourage unsafe or irresponsible driving. If it could be emulated, marketing communications must not depict a driving practice that is likely to condone or encourage a breach of those rules of the Highway Code that are legal requirements if that driving practice seems to take place on a public road or in a public space. Vehicles' capabilities may be demonstrated on a track or circuit if it is obviously not in use as a public highway. of the CAP Code prohibited ads that condoned or encouraged irresponsible driving, and prohibited depictions of driving practices that were likely to condone or encourage a breach of those rules of the Highway Code that were legal requirements. We understood that one such legal requirement in the Highway Code was that drivers must not drive without reasonable consideration for other road users.
As mentioned above, we considered that the claim “luxury just lost its manners” would be interpreted as a reference to the car’s fast acceleration and powerful engine. We also considered that the claim would be understood to mean that, because of the car’s power and acceleration, drivers did not have to have regard for, or show manners to, other road users by, for instance, driving aggressively. We therefore concluded that the ad had condoned irresponsible driving by advocating driving without consideration for other road users.
On that point, the ad breached CAP Code (Edition 12) rule 19.2 19.2 Marketing communications must not condone or encourage unsafe or irresponsible driving. If it could be emulated, marketing communications must not depict a driving practice that is likely to condone or encourage a breach of those rules of the Highway Code that are legal requirements if that driving practice seems to take place on a public road or in a public space. Vehicles' capabilities may be demonstrated on a track or circuit if it is obviously not in use as a public highway. (Motoring).
Action
The ad must not appear again in its current form. We told BMW (UK) Ltd to ensure they did not make speed or acceleration the main message of their future marketing communications. We also told them to ensure that their ads did not condone or encourage driving without consideration for other road users.
