Ad description
A direct mailing, for TCP LED light bulbs, featured text that stated "Discover LED lighting today ...". Further text stated "Save up to £146. Average house hold [sic] can save upto [sic] £146 on their lighting energy bills†. Energy costs have risen over the last 5 years by 50%, from 10p to 15p per kilowatt. Reduce your bills now with this brand new extensive range of LED options for rooms in the home. Over 40 LED bulb options to choose from. Most comprehensive range of high performance LED". The asterisk linked to text that stated "†Saving based on replacing 25 standard bulbs with LED bulbs and using for an average of 2.7hrs per day for a year Based on average usage of 1000 hours per year (3 hours per day)".
Issue
The complainant challenged whether the claim that an "Average house hold [sic] can save upto [sic] £146 on their lighting energy bills" was misleading and could be substantiated.
Response
Homebase Ltd said the average usage figure of 2.7 hours per day for a year and average number of light bulbs in a home was based on a survey carried out by a third party in 2010. They said they had confirmed with the Energy Savings Trust the energy cost, at the time the ad appeared, and that they had based their calculations on that figure. They provided their calculation, which showed that the comparison was based on replacing Ecohalgen bulbs with LED bulbs and different bulb types and wattages being used throughout the home.
Assessment
Upheld
The ASA noted the asterisked text made clear that the savings claim was based on using bulbs for an average of 2.7 hours per day for a year and replacing 25 standard bulbs with LEDs. The ad did not explain what was considered a standard bulb. In the overall context of the ad, we considered consumers would understand the claim that an "Average house hold [sic] can save upto [sic] £146 on their lighting energy bills" to mean that if the average household were to replace their current, non-LED, bulbs with LED bulbs they could save up to £146 on their lighting energy bills. We therefore considered we would need to see adequate documentary evidence to support that.
We noted the savings calculation was based on replacing 25 Ecohalogen light bulbs with LED bulbs. We also noted the calculation was based on the average household using various bulb types and wattages throughout the home. However, we had seen no evidence to demonstrate that the average household had 25 Ecohalogen light bulbs, nor had we seen evidence that the various bulb types and wattages were representative of those found in the average household. On that basis, we concluded that we had not seen adequate evidence to demonstrate that an "Average house hold [sic] can save upto [sic] £146 on their lighting energy bills". We therefore concluded that the ad 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 ad must not appear again in its current form. We told Homebase Ltd to ensure they held adequate substantiation to support claims in future.
