Background
Summary of Council decision:
Two issues were investigated, both of which were Not upheld.
Ad description
a. A TV ad for Npower featured a stand-up comedian telling jokes about trust. The voice-over towards the end of the ad stated, “Here’s something you can trust. If you could be on a cheaper energy plan with us, we’ll tell you. That’s the Npower price promise. Just one of the ways we’re standing up for customers. At Npower.” Large text stated "The npower Price Promise". The ad concluded with the advertiser's logo and the statement “Standing up for customers”.
On-screen text during the ad stated “Your bill will show you if we have a cheaper plan available, at the time your bill is printed. For up-to-date information on our plans, please visit [website address]”.
Other TV ads used a similar format:
b. Voice-over stated, "Life can be complicated. Energy shouldn't be. So we're making it simpler. Starting with your bills. Just one of the ways we're standing up for customers. At Npower." Large text stated "Simpler, jargon-free energy bills". The ad concluded with the advertiser's logo and the statement “Standing up for customers”.
c. Voice-over stated, "With just four simple energy plans it's easy to choose the one that's right for you. Just one of the ways we're standing up for customers. At Npower.” On-screen text stated "Energy plans may be withdrawn or replaced at any time. They are subject to terms, conditions and eligibility so may be of limited duration, require online account management or payment by Direct Debit". Large text stated "Fewer plans. Less fuss". The ad concluded with the advertiser's logo and the statement “Standing up for customers”.
Issue
1. A viewer, who understood that companies were already required to inform their customers if they had cheaper tariffs elsewhere, challenged whether ad (a) was misleading, because it suggested that the price promise was a distinctive feature of Npower's service.
2. The ASA challenged whether ads (b) and (c) were misleading, because they suggested that simpler bills and a choice of four simple energy plans respectively were distinctive features of Npower's service.
Response
1. & 2. Npower said simpler bills, fewer tariffs and information about cheaper tariffs were features that suppliers were obliged by Ofgem to communicate to customers and engage with them on. They said they were not obliged to state that the features were Ofgem requirements and had chosen to publicise them as part of their wider campaign of features available to customers. They believed customers were aware of competition in the energy market and that the explanation that the feature being promoted was "just one of the ways we're standing up for customers" made clear that there was a wider context. Viewers could access further details of the wider campaign through the website address stated in the ads. They did not believe the ads suggested a comparison with other providers or that the features were provided by Npower alone.
Clearcast said they had sought to ensure it was clear that the claims related to Npower only and did not suggest that they offered something that their competitors did not. They endorsed the comments made by Npower.
Assessment
1. & 2. Not upheld
The ASA considered that the phrasing "If you could be on a cheaper energy plan with us, we'll tell you. That's the Npower price promise", "Life can be complicated. Energy shouldn't be. So we're making it simpler. Starting with your bills", and "With just four simple energy plans it's easy to choose the one that's right for you" all in the context of "Just one of the ways we're standing up for customers" in ads (a), (b) and (c) respectively, suggested that the features were part of a range of initiatives that Npower offered to their customers. While we understood that all of the promoted features were mandated by Ofgem and were therefore offered by other providers, we considered the claims did not go so far as to suggest that the features were unique, exclusive or distinctive features offered by Npower. Because of that, we concluded that the ads were unlikely to mislead.
On points 1 and 2 we investigated the ads under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
and
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) and
3.13
3.13
Advertisements must not present rights given to consumers in law as a distinctive feature of the advertiser's offer.
(Exaggeration), but did not find them in breach.
Action
No further action necessary.
