Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
A website for Mercedes-Benz UK, www.mercedes-benz.co.uk, seen in February 2017, contained a page about their 4MATIC range – a 4-wheel drive system. Text stated “Driving performance. whatever [sic] the conditions”. Further down the page there was an image of a Mercedes Benz vehicle. Beside the image text stated “… Light and nimble or powerful and efficient, 4MATIC is the perfect traveling companion for all seasons”.
Issue
The complainant, who had purchased a Mercedes Benz vehicle, challenged whether:
1. the claim “Driving performance. whatever [sic] the conditions” was misleading and could be substantiated, because they believed the system could not drive in all conditions without further modification; and
2. the claim “… 4MATIC is the perfect traveling companion for all seasons” was misleading because it did not make sufficiently clear that additional equipment was required after purchase to enable driving in all conditions/seasons.
Response
1. & 2. Mercedes Benz UK Ltd provided an example of a performance test which had been completed during adverse conditions (snow) on two identical models with no modifications – one a two-wheel drive and the other a 4MATIC vehicle. They said that the test demonstrated that the 4MATIC vehicle was able to perform similarly to the theoretical maximum performance of the vehicle in adverse conditions, whereas the two-wheel drive model performed at a lower level.
Assessment
1. & 2. Not upheld
The ASA noted that the claim “Driving performance. whatever [sic] the conditions” was followed by text that said “4MATIC is far more than just a standard 4 wheel drive. This system automatically adjusts to allow you to drive across different types of terrain and road surface. If any of the four wheels begins [sic] to slip, power is automatically sent to the opposite wheel - no matter which wheel. Even if three of the four wheels are affected, the fourth wheel will adjust to support your driving conditions. This truly is driving enjoyment on any road!”. Additional text, which described the benefits of the 4MATIC system, was included under headings “Smart”, “Adaptable” and “Stable”. Under the last of these was the claim “4MATIC is the perfect traveling companion for all seasons”.
We considered that consumers would understand that the ad was designed to explain the technology used by the 4MATIC, which was an automatic system for distributing power between the vehicle’s four wheels and therefore unlike traditional four-wheel drive vehicles, which typically distributed power to all four wheels at the same time. In that context, we considered consumers would understand the claims “Driving performance. whatever [sic] the conditions” and “4MATIC is the perfect traveling companion for all seasons” to mean that its system was designed to perform in typical weather and was particularly beneficial in adverse driving conditions, for example, in rain and snow. We did not consider that consumers would expect the vehicle’s standard specification to be one that was optimised primarily for those conditions, or that modifying the vehicle, for example by fitting winter tyres, would not enhance the driving performance in some conditions.
We understood that improved traction in adverse driving conditions was a generally accepted benefit of “all-wheel drive” systems such as the 4MATIC and we noted the evidence provided indicated that the 4MATIC was able to perform better than a two-wheel drive model of the same vehicle in adverse conditions. On that basis, we concluded that the claim had been substantiated and was not misleading.
We investigated the ad under CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
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) and
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
and
3.10
3.10
Qualifications must be presented clearly.
CAP has published a Help Note on Claims that Require Qualification.
(Qualification), but did not find it in breach
Action
No further action necessary.
