Background
Summary of Council decision:
Two issues were investigated, of which one was Upheld and one was Not Upheld.
Ad description
A TV ad, for a cleaning product, featured the presenter, Barry Scott, in a jet, then an aircraft hangar. He stated, "Hi, I'm Barry Scott. Wow, you can't beat a bit of turbo power for a speed thrill. Just like my Cillit Bang Limescale & Shine with Turbo Power. Nobody likes cleaning, right? Wrong! You'll love it with my new speedy Cillit Bang." The ad then showed a lump of limescale being placed inside the bowl. He stated "That's a solid lump of limescale. Now you see it, now you don't." On-screen text stated "7 minutes" throughout this period. The presenter then stated, "Annoying tap? Not with Cillit Bang." The camera provided a close up of a dirty, clogged tap. The presenter sprayed the product on the tap and then wiped it off. The tap was shown clean and unclogged and stated "Limescale, gone in seconds. And shiny too." A graphic appeared on the screen that stated "TURBO POWER" and included an image of a stopwatch. The needle in the stopwatch moved to indicate speed. He then cleaned the rest of the sink and a glass shower door. He stated "Wow, that's fast! It powers through soap scum and watermarks. Look, go faster stripes! No other leading cleaner speeds through grime like that! Cillit Bang Limescale and Shine, with Turbo Power. Bang and the dirt is gone."
Issue
Five viewers challenged whether the ad misleadingly exaggerated the capabilities of the product, because they believed that:
1. the scene showing the lump of limescale dissolving in the tank implied that the product worked instantly and was contradicted by the on-screen text which suggested that the product's effects took "7 minutes".
2. the scenes showing the cleaning effect of the product on taps and kitchen surfaces, in combination with the claim "Limescale, gone in seconds", misleadingly implied that the product worked instantly or within a few seconds, because they understood that the product would not work in such a short period of time.
Response
1. Reckitt Benckiser (UK) Ltd (Reckitt Benckiser) said the ad was effectively divided into four sections: the opening scene; the pendulum scene (which demonstrated a lump of limescale dissolving in a tank); the 'in home' demonstration scenes and the closing scene. They stated that, during the pendulum scene, on-screen text stated "7 minutes" and the "TURBO POWER" logo showed the needle of the stopwatch sweeping through several seconds and stopping. They said the lump of limescale shown would take seven minutes to dissolve, but did not represent the amount of limescale found in the home, nor was it depicted as such in the ad. They considered that the text "7 minutes" would therefore make clear to viewers that that amount of limescale would not be dissolved in seconds.
They stated that the subsequent 'in home' scenes depicted a chrome tap, a stainless steel draining board and glass shower screen with the voice-over claiming "Limescale: gone in seconds", which was accompanied by the TURBO POWER logo animating to show the needle of the stopwatch sweeping through several seconds and stopping. Although they understood that the complainants believed that there was a contradiction regarding the pendulum scene and the general claim that the product worked in seconds, compounded, for example, by the presence of the stopwatch, they believed that the use of the stopwatch was valid in all of the 'in home' scenes and therefore in both the opening and closing scenes. They did not believe that the pendulum scene was misleading as they felt it was clear it was not set in an 'in home' scene, it did not depict limescale in a manner found in the home and was clearly portrayed as a laboratory type of experiment. They said the ad also informed the viewer of the extended time required to dissolve the abnormal amount of limescale.
Clearcast said they had requested supporting evidence for the claim, which was evaluated by their consultant. They said the evidence provided included data and a video demonstrating the test in real-time. They said their consultant concluded the evidence was acceptable but highlighted the amount of time it took for the lump of limescale to completely dissolve, namely seven minutes. Therefore, to make it clear that that process was not instantaneous, they had added on-screen text to clarify the length of time the limescale took to dissolve and the text "7 minutes" was shown on screen during the pendulum demonstration. They also felt that a change in camera shots also helped to indicate a passage of time and indicate it was not an instant process.
2. Reckitt Benckiser said the claim "Limescale, gone in seconds" was substantiated by video evidence provided to Clearcast, which showed that the product worked in seconds. They said the ad depicted Barry in the 'in home' scenes claiming that the product worked in seconds and did not consider that the ad was misleading or exaggerated the product's capabilities. They added that the product label stated that users should spray the product directly onto the area to be cleaned and wipe around with a sponge/cloth. They said the scene showing the tap with greater limescale build up would require the product to be left on the surface for 20 seconds. They acknowledged that some complainants had understood that the product instructions stated that the product could be sprayed on and immediately wiped for everyday cleaning, soap scum and watermarks, but for limescale and rust, the product had to be left to work for 5 minutes. They clarified that the product information advised "Do not leave for more than 5 min" as a warning to consumers to limit the contact time, but that was not an instruction for use.
Clearcast stated Barry's voice-over claim "Gone in seconds" related to a test involving a tap, which was designed to show the product's abilities in a real-life setting and involved a much smaller amount of limescale that would take seconds to dissolve. They said it was not connected to the previous demonstration showing the lump of limescale. They said the demonstration on the tap was also evaluated by their consultant and consisted of test data and video evidence. Their consultant confirmed that the product removed limescale in around 20 seconds. They considered that Barry's claim "gone in seconds" accurately represented the findings and did not believe that the scene misrepresented the product's capabilities. They therefore felt the ad made it clear to viewers that the product did not inaccurately demonstrate the speed of the product.
Assessment
1. Not upheld
The ASA considered that viewers would infer from the "solid lump of limescale" involved, as well as the tank in which it was placed, that the limescale demonstration was not a representation of the usual way that the product was used, namely to clean household areas, such as kitchen surfaces and taps.
We noted that, just before the limescale lump demonstration, the ad featured the "Turbo Power" logo and a stopwatch sweeping through several seconds and stopping and, during the demonstration, Barry stated "Now you see it, now you don't." Although we considered that those features highlighted the suggestion that the product worked quickly, we also noted that the ad included a brief edit and break between the first scene which showed the full lump and the final scene of the demonstration, in which the lump had dissolved, as well as including the on-screen text "7 minutes" during the demonstration. We considered that suggested that the process for dissolving the limescale lump was not instantaneous and took around seven minutes. We also noted that the limescale demonstration appeared at the start of the ad and considered it appeared in a distinctly separate demonstration to the subsequent tap cleaning scene, during which Barry made the claim, "Limescale, gone in seconds."
We therefore considered that consumers would not infer, in the context of dissolving a large lump of limescale, which was not a normal and domestic use of the product, that the product worked instantaneously and concluded that the on-screen text which suggested that the product's effects took "7 minutes" was not contradictory and that the ad was unlikely to mislead on that basis.
On that point, we investigated the ad under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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),
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
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.
2. Upheld
The ASA noted that the voice-over claim, "Limescale, gone in seconds" was made whilst the ad showed a tap affected by limescale being sprayed and wiped clean. Although we noted there was a very brief edit and break between the spraying and wiping scenes, we considered that the impression viewers would get was that the wiping occurred immediately or a few seconds after the tap had been sprayed, particularly as the scenes were accompanied by the claim "Limescale, gone in seconds". We understood, however, that it would take around 20 seconds for the product to work on the amount of limescale featured on a tap like the one in the ad, and that users would, therefore, have to wait a small amount of time between spraying and wiping.
We considered that viewers would infer from the combination of the claim "Limescale, gone in seconds" and tap cleaning demonstration scenes, which suggested the product had an immediate effect, that the product would work in a few seconds and the tap could be wiped clean almost immediately after it was sprayed, and would not understand that it was necessary to leave the product to work for 20 seconds. We therefore concluded that the ad was likely to mislead.
On that point, the ad breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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),
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
3.12
3.12
Advertisements must not mislead by exaggerating the capability or performance of a product or service.
(Exaggeration).
Action
The ad must not be broadcast again in its current form.
