Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A website for boilers, www.everlastingboilers.co.uk, stated "Everlasting boilers ... Say hello to your next - and last – boiler ... Our 36 kW output boilers are engineered to last and built from the highest quality brass, stainless steel and copper components. We designed our boiler to be as efficient and long lasting as possible ... Learn more". It also featured a 'rolling' banner at the top of the page which stated "Free upgrade after 10 years". The 'Product' page stated "Engineered to last. In a world where everything is mass produced by machines, our boiler is handmade and built to last. Everlasting Boilers are designed with solid, reliable components made from steel, brass and copper rather than plastic. The average life expectancy of an ordinary boiler is less than 10 years but with our system installed you'll have a boiler for life. This not only means the boiler will last but it will always run as well as the day it was installed. If anything does go wrong and the boiler can't be fixed we will replace it at no cost to you ... Life Expectancy Everlasting".
Issue
1. The complainant, who did not believe that the claims that the boiler was "everlasting" could be substantiated, challenged whether they were misleading.
2. He also challenged whether the "free upgrade after 10 years" offer contradicted the claim that the boiler was everlasting.
Response
1. & 2. A Shade Greener Ltd (A Shade Greener) said the claims that the boiler was "everlasting" referred to a concept that a homeowner who entered into an agreement with them to install a gas central heating boiler, would never have to purchase another gas central heating boiler, because the components would be replaced to ensure continual use. Their agreement required customers to pay a monthly fee to cover the repair and servicing of the boiler over the term of 14 years but the boiler itself remained in their ownership. After the tenth year of the agreement customers could upgrade the boiler to the top specification of gas boilers available at the time, subject to them entering into a new agreement for the monthly service and repair payments. They said if the customer wished to own the boiler equipment there was a Schedule of Repayment Costs that clearly set out in the agreement for them to exercise that right. They believed that the claim made clear that the life expectancy of the boiler in providing heat to their customers' homes would be everlasting whilst they had an agreement with them.
Assessment
1. Upheld
The ad stated "Everlasting boilers" alongside the claims "We designed our boiler to be as efficient and long lasting as possible", "Engineered to last", "The average life expectancy of an ordinary boiler is less than 10 years but with our system installed you'll have a boiler for life" and "Life Expectancy Everlasting". Whilst the ASA considered that the references to "everlasting" were puffery and unlikely to be interpreted literally as "lasting forever", we considered that they implied that the advertiser sold boilers that had exceptionally long life expectancy, when compared with other boilers. However, we understood that the boiler itself was not for sale and that what was described as "everlasting" was the agreement in which, for a monthly fee, customers were offered repair and servicing of the boiler over the term of 14 years. We understood that customers were able to purchase the boiler equipment but had not received evidence to demonstrate that these boilers had an exceptionally long life expectancy, when compared with other boilers. We therefore concluded that the claims that the boiler was "everlasting" were misleading.
On this point 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), 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) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
2. Upheld
We considered that readers were likely to understand from the references to "everlasting" and the claim "The average life expectancy of an ordinary boiler is less than 10 years but with our system installed you'll have a boiler for life" that the advertiser provided boilers that, once installed, had a life expectancy that was significantly longer than ten years. The claim "free upgrade after 10 years" suggested that customers might need to upgrade their boiler after ten years. We considered that this contradicted the implication that the boilers provided were "everlasting" and lasted longer than ten years and therefore concluded that it was misleading.
On this point 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 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
Action
The ad must not appear again in its current form. We told A Shade Greener not to imply that their boilers had an exceptionally long life expectancy, when compared to other boilers.
