Ad description
Claims on a website for a vehicle re-mapping company, in April 2011, stated "SPECIALISTS IN VEHICLE TUNING. No matter what kind, type or size of vehicle you own or run, Black-Code can absolutely, positively make it perform better! No matter what you drive, how often you drive it, or what you use it for Black-Code can make your vehicle ... up to 35% More Powerful ... up to 25% More Fuel Efficient ... and more Enjoyable To Drive".
Issue
Rapid Remap challenged whether the claim "No matter what kind, type or size of vehicle you own or run, Black-Code can absolutely, positively make it better" was misleading and could be substantiated, because they believed there was no re-mapping tool on the market that could re-map every vehicle.
Response
Black Code Ltd (Black Code) said they were at the forefront of Engine Control Unit (ECU) vehicle mapping technology and they worked with many manufacturers supplying direct to the industry to maintain that status. They explained that they used a suite of different hardware and software to broaden their scope of vehicle applications to cover those on the market today. Black Code said they worked closely with the manufacturers of different hardware and software types to gain exclusivity over certain vehicles, and their proprietary systems meant they could remap any vehicle. Black Code provided documentation in support of the claim; they asked that the evidence be kept confidential.
Assessment
Not upheld
The ASA noted the documentation provided by Black Code related to a number of different hardware and software tools, and included various makes and model types for motorbikes, cars and vans. We understood that any vehicle with an ECU could be remapped and that some high-end vehicles could be more difficult to re-map because their software was encrypted, but also understood that it was not impossible to do so. We noted that the documentation provided by Black Code was comprehensive and demonstrated that they did have software for, and had modified, those high-end vehicles. We therefore considered that the claim "No matter what kind, type or size of vehicle you own or run, Black-Code can absolutely, positively make it better" had been substantiated, and concluded that the ad 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. (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) but did not find it in breach.
Action
No further action necessary.
