Ad description
A magazine ad for EastWest, a virtual instrument developer, seen on 16 May 2017, was headed “Finally, A MIDI Guitar System That Works [sic]!”. Text below the heading stated “Virtual Instruments of every type designed for the Fisherman TriplePlay Wireless MIDI Guitar Controller”.
Issue
The complainant, who understood that there were several other successful MIDI systems, challenged whether the claim “finally a MIDI guitar system that works” was misleading and could be substantiated.
Response
East West Communications, Inc t/a EastWest did not respond to the ASA’s enquiries.
Assessment
Upheld
The ASA was concerned by EastWest’s lack of response and apparent disregard for the Code, and ruled that they had breached CAP Code (Edition 12) rule 1.7 (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
We considered that consumers would interpret the claim “finally a MIDI guitar system that works” to mean that the EastWest’s MIDI Guitar System was the first fully functioning system available on the market. We noted that the complainant had provided information regarding other successful MIDI systems available. We considered the claim was capable of objective substantiation in the form of comparative evidence regarding their own and their competitors’ MIDI guitar systems. Because we had not been provided with any evidence, we concluded that the claim had not been substantiated and was therefore misleading.
The ad breached CAP Code 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. 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. (Misleading advertising) and 3.33 3.33 Marketing communications that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, the consumer about either the advertised product or the competing product. (Comparisons with identifying competitors).
Action
The ad must not appear again in its current form. We told EastWest to ensure in future they did not make comparative claims unless they could substantiate them. We referred the matter to the CAP’s Compliance Team.
