Ad description

A magazine ad, for a gun retailer, included the claim "ALL PRE-ZEROED".

Issue

The complainant challenged whether the claim "ALL PRE-ZEROED", was misleading and could be substantiated, because he understood it was not possible to do so.

Response

Pellpax Target Sports Ltd (Pellpax) said they estimated 65% of their customers to be complete novices, who might, if a rifle, scope and mount were sent to them separately, assume that a pellet would strike wherever the crosshairs indicated, once they had attached the telescopic sight to the gun. They said that was not the case and that there was no guarantee that the pellet would hit even a safety backstop of two metres squared if a target was placed onto such a backstop at a reasonable distance of 30 metres away. Pellpax said they sold only air rifles and they had certain unique characteristics, for example barrel droop, which could mean a small alignment problem with the gun itself that could translate to a much greater difference, of metres, when aiming 30 metres away.

They said their highly skilled technicians' experience was such that they were aware of any such problems that existed with particular types of rifles. The technicians were able to counteract those problems before the scope was fitted onto the mounts, which were fitted onto the rifles themselves before then adjusting the telescopic sight. They said industry experts agreed that a gun had been zeroed if you could regularly hit a target once sights had been set up to hit a certain object. Pellpax said they did not make claims regarding the size of the object or distance however they sent rifle and scope combinations to customers only when technicians could hit a 25 millimetre by 25 millimetre target at 30 metres. They said the size of a standard pellet catcher, which held paper targets, was approximately 180 millimetres squared.

Pellpax said although every person was not the same height and would not hold a rifle in the same way, both of which would affect the point of aim, any difference was not likely to be more than 50 millimetres. They said the procedure gave them the peace of mind of knowing the rifle and scope combination was safe to use straight from the box and it would then be a very simple exercise for customers to fine-tune the telescopic sight, if necessary, to their own particular needs. They said that was explained to customers. Pellpax said their main concern was safety and the zeroing service was added for free for that reason and to maintain the good name of the sport. They said the service was one that cost the company money and took their technicians time to complete for each rifle but they were proud of it and felt they achieved their goals. They said many experts, including the National Rifle Association, also recognised the benefits of the service. They submitted an e-mail from the National Rifle Association.

Assessment

Not upheld

The ASA noted the service was provided for safety reasons and, we understood, provided a rifle that could be used with a relative degree of accuracy as soon as it was received. We also noted the National Rifle Association's view that it was possible to zero rifles to a relative level to ensure safety prior to a customer receiving it but that they recommended that anyone using a rifle should also zero it themselves once received.

We considered that the claim "ALL PRE-ZEROED", in the context of the rifles, implied that they had been adjusted to be safe and to be broadly accurate. We noted that meant the guns were likely to be on target at a distance of 30 metres and considered that novices were unlikely to be misled by the claim. We also considered that experienced shooters were likely to want to fine-tune any gun they purchased and would see the benefit in purchasing a pre-zeroed gun. We concluded that the claim was unlikely to mislead.

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.  (Misleading advertising) 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.  (Qualification) but did not find it in breach.

Action

No further action necessary

CAP Code (Edition 12)

3.1     3.9    


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