Ad description
A website for Britannia Homelifts Ltd, www.britanniahomelifts.co.uk, seen on 23 May 2016, made various claims about the company's products and services.
Issue
Acorn Mobility Services Ltd challenged whether the claim "Our staff are trained by occupational therapists" was misleading and could be substantiated.
Response
Britannia Homelifts Ltd provided the training schedule used by their Occupational Therapist Trainer. They said the training was face-to-face; was given to all staff; and took place every quarter. They also supplied a Medical Assessment form designed by their trainer. They said it was used at point of sale to assess what product would be the most appropriate for an individual, taking into account their hand dominance, hearing, memory, transfer methods and balance sitting and standing.
Assessment
Not upheld
The ASA considered consumers were likely to interpret the claim to mean that the staff who would advise them and who would fit the equipment had been trained by occupational therapists to advise them appropriately. We acknowledged that the training was given to all staff and that it was run quarterly. We considered that the information Britannia had supplied showed that the level of training was sufficiently comprehensive to enable staff who would advise enquirers, and fit equipment, to be aware of the different factors that needed to be taken into account in order for consumers to be advised on the product that was the safest for them and most suitable for their needs. It also advised referral to an enquirer's GP if there was any doubt over whether they would be able to operate the equipment. We therefore concluded that Britannia had substantiated the claim and that it was not misleading.
We investigated the ad under CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer 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 the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(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), but did not find it in breach.
Action
No further action necessary.
