Ad description
A TV ad, for the car manufacturer Volvo, featured scenes of a car being driven on roads through different landscapes in Sweden under different weather conditions. A female voice-over stated, "Most German car manufacturers test on some tough ground ... Swedish ground. But only Volvo was born here. The Volvo V40 Cross Country. Available from just £299 a month."
Issue
Three complainants challenged whether the claim "Only Volvo was born here" was misleading and could be substantiated, because they understood that Saab was another car manufacturer that originated and continued to produce cars in Sweden.
Response
Volvo responded that they were the only car manufacturer that sold its cars in the UK, where the ad was broadcast, and that was "born" in Sweden. They recognised that Saab was also a Swedish company, but they no longer sold any products in the UK.
Volvo did not believe consumers would be misled by the ad. They stated that in the context of the ad, Volvo was comparing itself specifically to German car manufacturers, rather than any other car manufacturers. Volvo believed that consumers would understand the comparison was being made about German manufacturers testing their cars in Sweden.
Clearcast said that they endorsed Volvo's response. They stated that the ad was clearly making a comparison between Volvo and German car manufacturers, and they did not think it was likely to mislead. While Clearcast accepted that Saab was also a Swedish car maker, they believed that most viewers would interpret the claim in respect of the comparison in the ad.
Assessment
Not upheld
The ASA noted Volvo's response that they were the only car manufacturer originating from Sweden that also sold its cars in the UK. We acknowledged that Saab was also another car manufacturer that originated from Sweden and whose models had previously been available on the UK market. However, we noted that Saab had recently been taken over by National Electric Vehicle Sweden after filing for bankruptcy in 2011. We understood that Saab recommenced manufacturing in December 2013, but that the cars produced would only be sold in the Chinese and Swedish markets.
We noted that the ad was based around a comparison between the Volvo V40 Cross Country model and cars made by German manufacturers who carried out tests in Sweden. The implication, therefore, being that, since German cars were known for their build quality and durability, cars manufactured where these cars were tested were likely also to share these qualities. We acknowledged that Saab cars were still currently being driven in the UK and that there were a number of repair centres specialising in work on Saab cars. However, we considered that in light of the theme of the ad and the fact that the advertiser's cars were the only new models on the UK market made by a Swedish manufacturer, Saab's activities in other markets would not have a bearing on any transactional decisions about the purchase of a Volvo that viewers might make as a result of seeing the ad. Therefore we concluded that the ad was not to misleading.
The ad was investigated under BCAP Code (Edition 1) rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
(Misleading Advertising),
3.5
3.5
Subjective claims must not mislead the audience; advertisements must not imply that expressions of opinion are objective claims.
and
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is 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 was not found to be in breach.
Action
No further action required.
