Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website for Thunder Bolt Lighter, www.thunderboltlighter.co.uk, seen in January 2017 included text which stated "12 Years Of Plasma Beam Research" and "Dr Markus Wilkens" overlaid on an image of a man wearing glasses and a lab coat in a laboratory. Text on the FAQ page stated "BUTANE FREE - No more harmful butane. Studies show that butane can be harmful to humans; Thunder Lighter uses plasma tech to eliminate the need for this harmful chemical; its better for you".
Issue
The complainant challenged whether:
1. the references to Dr Markus Wilkens were misleading, because they did not believe him to be a real person; and
2. the claim "BUTANE FREE - No more harmful butane. Studies show that butane can be harmful to humans” was misleading, because they did not believe butane in lighters was harmful when used as directed.
Response
Thunder Bolt Lighter did not respond to the ASA’s enquiries.
Assessment
The ASA was concerned by Thunder Bolt Lighter’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in the future.
1. Upheld
We considered consumers would interpret that the person depicted on the website was Dr Markus Wilkens and that he was involved in the development of the product. Because Thunder Bolt Lighter had not provided any evidence to demonstrate that the person depicted was Dr Markus Wilkens or that he was a genuine person, we concluded that the ad was misleading.
On this point 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).
2. Upheld
We considered the claim implied that butane (a fuel gas used in a multitude of common household products) as used in lighters was harmful to humans. Because Thunder Bolt Lighter had not provided any evidence to demonstrate that butane was harmful to humans when used as directed in a lighter, we concluded that the claim had not been substantiated and was therefore misleading.
On this point 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 Thunder Bolt Lighter to ensure their future advertising did not use the likeness of or make references to Dr Markus Wilkens and did not misleadingly suggest that butane was harmful to humans when used in lighters. We referred the matter to the CAP Compliance team.
