Ad description
A website for Pure Air Cleaning, a carpet cleaning service, www.pureaircleaning.co.uk, seen on 9 July 2015, stated "Pure Air Cleaning uses a combination of Dry-Fusion and the Rainbow Vacuum system ..." alongside the motif of Dry Fusion UK Ltd.
Issue
Dry Fusion UK Ltd, who stated that Pure Air Cleaning were not a licensed provider of the Dry Fusion system, challenged whether the references in the ad to Dry Fusion cleaning were misleading.
Response
Pure Air Cleaning maintained that they purchased Dry Fusion Carpet and Upholstery cleaning equipment from Dry Fusion between 2009 and 2010. They said they were not told at the time or since, until now, that there were any restrictions on referring in their advertising to their use of Dry Fusion and that they were not asked to sign any agreement or licence.
Assessment
Upheld
The ASA considered the references to Dry Fusion cleaning suggested that Pure Air Cleaning used that technique. We noted that Pure Air Cleaning maintained that they had purchased the equipment from Dry Fusion, but we had seen nothing from them, in the way of sales receipts, account entries or invoices issued to customers, for instance, that confirmed that they had provided consumers with Dry Fusion cleaning. Because we considered Pure Air Cleaning had been unable to demonstrate that they provided consumers with Dry Fusion cleaning, we concluded that the references to Dry Fusion cleaning were likely to mislead.
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 3.43 3.43 Marketing communications must not take unfair advantage of the reputation of a competitor's trade mark, trade name or other distinguishing mark or of the designation of origin of a competing product. (Imitation and denigration).
Action
The ad must not appear again in its current form. We told Pure Air Cleaning not to advertise Dry Fusion cleaning unless they were in a position to demonstrate that they provided that technique.
