Ad description
A radio ad in the style of a news report featured a voice-over which stated, "Half an inch of snow fell over the UK last night, putting the country in a state of emergency. In Sweden two feet of snow has fallen. Reports are everyone is ... fine." A different voice continued, "Snow doesn't stop Sweden. In an all-wheel drive Volvo XC60 it won't stop you, either. The Volvo XC60 all-wheel drive, from £397 per month including winter pack, three years' servicing, maintenance and Volvo roadside assistance."
Issue
Seven complainants, several of whom believed that factors beyond the type of car used impacted upon the ability of Sweden's road network to deal with heavy snowfall, challenged whether the ad misleadingly exaggerated the performance of the Volvo XC60 because it implied that the vehicle could be driven through two feet (60 cm) of snow.
Response
Volvo Car UK Ltd responded through the Radio Advertising Clearance Centre (RACC). They stated that no standard car or all-wheel-drive sports utility vehicle (AWD SUV) could drive through two feet of snow, but that the ad did not claim that the Volvo XC60 could do so. They noted that successful driving on snow was dependent on many factors, including driver experience, and said the tongue-in-cheek message of the ad was that Sweden could cope with adverse weather but the UK could not, and that the Volvo XC60, coming from Sweden, was designed for snowy conditions.
Volvo said their vehicles were validated for use in all climates, and that as part of the development process each new model underwent winter testing which involved driving the vehicles at extreme temperatures, in snow and on icy roads. They stated that the tests did not examine whether the cars could drive through particular depths of snow, but that they did confirm the vehicles' general ability to cope with winter conditions such as those commonly experienced in Sweden. They also supplied documentation which referred to the winter testing carried out on their vehicles.
The RACC said they considered that the tongue-in-cheek approach of the ad would be understood by most listeners as a light-hearted comparison between the respective responses of the UK and Sweden to snowfall. They felt listeners would understand the ad to imply that the advertised AWD vehicle could cope with snowy conditions in the UK, but not specifically that it could be driven through two feet of snow.
Assessment
Not upheld
The ASA considered that listeners would recognise that the capacity of a road network to deal with heavy snowfall would depend on a number of factors, including but not limited to the type of vehicles driven. We were satisfied that, given the light-hearted tone of the ad, listeners were unlikely to interpret the comparison between the ability of the UK's and Sweden's respective road networks to cope with different levels of snowfall as an objective statement about the Volvo XC60's performance in two feet of snow.
We considered that the ad implied that the Volvo XC60 was generally able to cope with snowy conditions, and particularly because of the voice-over statement "Snow doesn't stop Sweden. In an all-wheel drive Volvo XC60 it won't stop you, either". We understood that the vehicle had been designed with cold climates in mind and had undergone testing to ensure good general functioning in winter conditions. In view of that fact, and because we considered that the ad did not go so far as to imply that the Volvo XC60 could be driven through two feet of snow, we concluded that the ad did not misleadingly exaggerate the performance of the vehicle.
We investigated the ad under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
3.2
3.2
Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
(Misleading advertising) and
3.12
3.12
Advertisements must not mislead by exaggerating the capability or performance of a product or service.
(Exaggeration) but did not find it in breach.
Action
No further action necessary.
