Ad description
A website, www.jtote.com, for the "Clearwave Electronic Water Softener System" stated, "Use less soap, and remove scale from your pipes - continuously, automatically and for only about $5 in electricity a year. Clearwave is the most advanced computerized anti-scale device available today. Its computer chip is programmed to bombard water passing through your pipe with over 200 different electromagnetic low frequency pulses. These electromagnetic pulses have been scientifically proven to increase the electromotive attraction potential of the water to mineral salts. The result is that the mineral salts (mainly calcium bicarbonate) stays dissolved in the water instead of converting to insoluble calcium carbonate and attaching itself to the inside of pipes as scale. Existing scale in pipes, water heaters, toilets and faucets begin to soften and dissolve away. Recommended for dishwashers, washing machines, coffee makers, and boilers. Clearwave can even replace base exchange softening systems and the associated maintenance costs. Installation of the Clearwave is simple. Mount to the main incoming water pipe to the home with pipe clips, wrap the antenna leads around pipe and then plug into a 110V power supply. One unit handles incoming supply pipes up to 1" in diameter. For pipes 1 1/4" to 1 1/2" use two units in series. Works with all types of pipe including: copper, pvc, galvanized, and stainless steel. Manufacturer's part number CW-1".
Issue
The complainant challenged whether the advertiser could substantiate the claims that:
1. the product softened water; and
2. the product removed scale.
Response
Jane's Tote did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Jane's Tote's lack of response and apparent disregard for the Code, which was a breach of the 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 we told them to do so in future.
1. & 2. Upheld
In the absence of any documentary evidence we concluded that the claims were unsubstantiated and therefore misleading.
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
We referred the matter to the CAP Compliance team.
