Ad description

A radio ad, heard on 10 November 2011, stated "Brr! Remember the weather last winter? The snow! The ice! Remember how it brought the M8 to a standstill for two whole days! Remember the few lucky motorists driving Audi Quattros who cruised through it all? So, don't be left out in the cold this winter. Buy an approved used Audi Quattro and be prepared for everything the weather might throw at you".

Issue

One listener challenged whether the ad was misleading and could be substantiated because she believed it implied that motorists driving Audi Quatrros had been able to use the M8 during the standstill last winter, which she understood was not the case.

Response

Lomond Motors Ltd said that the reference to "cruising through it all" was a general statement about the severity of the winter of 2010. They said the closure of the M8 was intended to act simply as a reference point that would remind listeners of the impact the inclement weather had had that winter. They said the ad was not intended to imply that Audi Quattro drivers had been able to avoid the M8 closure, only that they were better equipped to cope with the weather conditions than other road users.

The RACC confirmed that they had nothing to add to Lomond Motors' response.

Assessment

Upheld

The ASA noted that the ad began by referring to the inclement weather in the winter of 2010 and we noted that it went on to state "Remember how it brought the M8 to a standstill for two whole days!". Although we understood that the reference to the "motorists driving Audi Quattros who cruised through it all" was only intended to emphasise the ability of the Audi Quattro in difficult driving conditions, we noted that the ad referred to the "standstill" on the M8 and not specifically to the fact that the authorities had closed the road to motorists for two days. We therefore considered that the ad was ambiguous and that listeners were likely to infer that those driving an Audi Quattro had been able to continue driving on the M8, but that those driving all other vehicles had been unable to do so. We concluded that the ad was likely to mislead.

The ad breached BCAP Code rules  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  (Misleading advertising) 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).

Action

The ad must not be broadcast again in its current form.

BCAP Code

3.1     3.9    


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