Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
Two national press ads and one website, www.bmw.co.uk, for BMW's xDrive system:
a. The first press ad featured a blue BMW driving on a snowy mountain road. The headline stated "Handle every twist in the road and turn in the weather" and further text stated "The BMW 1 and 3 series are now equipped with xDrive, BMW's intelligent all-wheel-drive system. It adapts to changes in driving conditions by balancing power between all wheels in the blink of an eye. Delivering the performance you'd expect from the ultimate driving machine and without compromising its efficacy. So, no matter what's around the corner, you can be confident of handling it with ease".
b. The second press ad featured a red BMW driving on a snowy mountain road. The headline stated "You can't control the weather, but you can still control the road" and further text stated "When the weather changes, you need your car to keep up. xDrive is BMW's intelligent all-wheel drive system. It reacts to changes in driving conditions by balancing power between all of the wheels, within the blink of an eye. So although you can't predict the weather, you can be confident of handling it with ease".
c. The website, www.bmw.co.uk, featured the same image as ad (b). The headline stated "In perfect condition for imperfect conditions" and included a brief description of the xDrive system.
Issue
1. One complainant challenged whether ads (a) and (c) encouraged unsafe and irresponsible driving, because he believed that the images implied that driving fast around corners in poor weather conditions was safe.
2. One complainant challenged whether ad (b) encouraged unsafe driving, because he believed that the image and text implied that those driving vehicles with the xDrive system could drive as normal in hazardous conditions.
Response
BMW (UK) Ltd (BMW) said the ads related to xDrive, BMW's all-wheel-drive system and compared a non all-wheel-drive system in exactly the same weather conditions, rather than in normal driving conditions. The ads were aimed at communicating the benefit of this system in adverse weather conditions where road conditions and traction were variable.
1. They said the image of the car in ads (a) and (c) showed a snap shot of a car driving around a corner in snow. The wheels and foreground were designed to depict normal movement and the snow coming off the wheels added believability that the car was driving along a snow covered road, and accurately represented the effect of those conditions even at very low speed. The images were not intended to depict unsafe or irresponsible driving and the motion depicted did not show excessive speed or irresponsible driving.
2. The text in ad (b) referred to the weather being unpredictable and that road conditions were therefore also unpredictable. BMW's xDrive technology transferred power between all of the wheels within 0.1 seconds to ensure maximum traction at all times, meaning that it was well equipped for changing road conditions. They said there was a major difference of traction in driving an all-wheel-drive car, compared to a non all-wheel-drive car in snowy conditions and that was the main message they wanted to emphasise. They did not believe that the ad encouraged unsafe or irresponsible driving or implied that people could drive as normal in hazardous conditions. Instead, it informed customers that, with xDrive, they could be more confident in the car's ability in adverse weather conditions.
Assessment
1. Not upheld
Ads (a) and (c) featured a BMW car driving on a snowy mountain road. The ASA noted snow was shown coming off the wheels and considered that gave the impression that the car was in motion. However, we did not consider that the cars appeared to be driving excessively fast. We also considered that, while they appeared to be driving around a slight bend and in snowy conditions, the movement of the cars in those conditions was unlikely to be seen as encouraging unsafe or irresponsible driving. We therefore concluded that the ads did not breach the Code.
On this point we investigated ads (a) and (c) under CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Social responsibility),
4.5
4.5
Marketing communications, especially those addressed to or depicting a child, must not condone or encourage an unsafe practice (see Section 5: Children).
(Harm and offence),
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.
19.3
19.3
Marketing communications must not depict speed in a way that might encourage motorists to drive irresponsibly or to break the law.
To avoid the implication of irresponsible driving through excessive speed, care must be taken in the style of presentation of marketing communications. Particular care must be taken in, for example, cinema commercials and in marketing communications that appear in electronic media to avoid moving images that imply excessive speed. If they are shown in normal driving circumstances on public roads, vehicles must be seen not to exceed UK speed limits.
and
19.5
19.5
Safety claims must not exaggerate the benefit to consumers. Marketers must not make absolute claims about safety unless they hold evidence to substantiate them.
(Motoring) but did not find it in breach.
2. Not upheld
Ad (b) featured a BMW driving in a similar manner and in the same conditions as ads (a) and (c), and we considered it was unlikely to be seen as encouraging unsafe driving. Text stated "You can't control the weather, but you can still control the road ... xDrive ... reacts to changes in driving conditions by balancing power between all of the wheels ... So although you can't predict the weather, you can be confident of handling it with ease". We considered that readers would understand from this that the xDrive system was designed to endure a variety of weather and road conditions, including snowy roads, and not that those driving vehicles with the xDrive system could do as normal in hazardous conditions. We considered that the image and text was unlikely to be seen as encouraging unsafe driving and therefore concluded that it did not breach the Code.
On this point we investigated ad (b) under CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Social responsibility),
4.5
4.5
Marketing communications, especially those addressed to or depicting a child, must not condone or encourage an unsafe practice (see Section 5: Children).
(Harm and offence),
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.
19.3
19.3
Marketing communications must not depict speed in a way that might encourage motorists to drive irresponsibly or to break the law.
To avoid the implication of irresponsible driving through excessive speed, care must be taken in the style of presentation of marketing communications. Particular care must be taken in, for example, cinema commercials and in marketing communications that appear in electronic media to avoid moving images that imply excessive speed. If they are shown in normal driving circumstances on public roads, vehicles must be seen not to exceed UK speed limits.
and
19.5
19.5
Safety claims must not exaggerate the benefit to consumers. Marketers must not make absolute claims about safety unless they hold evidence to substantiate them.
(Motoring) but did not find it in breach.
Action
No further action necessary.
