Ad description
A TV ad for Dr Beckmann's "Service-It Deep Clean", a washing machine cleaner, seen on 29 September 2015, featured the on-screen text "Helps kill up to 99.9% of bacteria including MRSA".
Issue
The complainant challenged whether the efficacy claim in relation to MRSA was misleading and could be substantiated.
Response
Clearcast responded on the advertiser's behalf. They sought advice from an independent consultant on Acdoco's substantiation. The consultant explained that on the basis of the product’s ingredients and the in vitro testing that had been carried out, the evidence showed it would consistently eradicate almost all of the bacteria.
The expert’s report noted that testing had been carried out under BS EN 1276:2009 (Chemical disinfectants and antiseptics. Quantitative suspension test for the evaluation of bactericidal activity of chemical disinfectants and antiseptics used in food, industrial, domestic and institutional areas). The standard set out the testing conditions required and we noted Acdoco had used the bacterial strain MRSA NCTC 12493 with a water test temperature of 60 degrees Celsius with a contact time of 5 minutes. The expert said that the testing reported at least a five decimal log reduction in the viable bacterial counts after exposure to the product and therefore, they believed it substantiated the claim "Helps kill up to 99.9% of bacteria including MRSA". On the basis of the consultant’s advice and the evidence provided, they were happy to clear the ad for broadcast.
Assessment
Not upheld
The ASA understood the viewer was concerned that the efficacy claims exaggerated the product’s ability to kill MRSA bacteria. They understood that MRSA was a concern in relation to infection control in hospitals and therefore, they challenged whether the claim could be substantiated. We acknowledged their concerns but we considered the context in which the product should be used was clearly set out in the ad. The product was intended to be used in washing machines to combat bacteria that might remain in the machine following a low temperature clothes wash. We considered most viewers were likely to understand the product was specific to being used within a domestic environment, rather than a product to help with infection control.
We noted the product had been tested in accordance with a recognised industry standard – BS EN 1276: 2009 – and considered that was appropriate and relevant to substantiating the efficacy claim. The testing showed that the product was effective at removing MRSA bacteria and therefore, we concluded the claim was not misleading and had been substantiated.
We investigated the ad under BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (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.
Action
No further action necessary.
