Ad description
A post on social media and a teleshopping presentation for the Brother ScanNCut CM800Q:
a. The post on the Brother ScanNCut UK Facebook page, posted 6 December 2017, stated “We're excited to annouce [sic] the launch of our brand new model, the CM800Q - designed especially for quilters with 140 dedicated quilt patterns!”.
b. The teleshopping presentation on Create & Craft, broadcast on 13 December 2017, for the “Brother ScanNCut CMQ The Quilters Edition ” included claims such as “if you are a quilter or if you’re someone who likes to play with fabrics, you want a machine designed for you predominately, rather than being an afterthought”.
Issue
The complainant, who understood that the technical specifications of the scanner did not differ from other ScanNCut products, challenged whether the claims that the advertised scanner was designed especially for quilters were misleading.
Response
Brother said that as they were asked to provide a machine which could be aimed specifically at quilters and sewers, they increased the specification of a previous “ScanNCut” machine from 631 built-in designs to 1,102, including 140 quilt patterns.
They said that the CM800Q also included a high tack fabric support sheet so that quilters and fabric cutters could cut out fabric without the need for an additional purchase. They also said the machine included PES data capability (files used to generate embroidery designs) to allow fabric users to cut appliqué shapes from their embroidery machine data.
Brother acknowledged that these features were not brand new. They said that the features were available on another previous machine but one which was of higher specification and therefore more expensive than the CM800Q.
Ideal Shopping Ltd said that they agreed that the CM800Q shared many functions with other machines. However, they said they put together a different configuration of available components for the CM800Q, such as removing a pen holder and pens but added features such as 140 built-in quilting patterns.
Assessment
Not upheld
The ASA noted that the Facebook ad stated “designed specifically for quilters with 140 dedicated quilt patterns!”. The teleshopping presentation introduced a quilting teacher to advertise the product, and throughout the presentation made several statements regarding the product’s quilting capabilities, with accompanying on-screen text that stated “The CMQ is designed with quilters in mind and includes over 1,000 built-in patterns including 140 quilt patterns” and “Brother ScanNCut CMQ The Quilters Edition with FREE Iron on Permanent Fabric Applique Contact Sheet 36" x 18½"”. We considered that consumers were likely to understand from both ads that the CM800Q was aimed at quilters, and that it had features that made it particularly suited to their needs.
We recognised that many of the capabilities of the CM800Q were comparable to those of other machines and that the features that made it suitable for quilters were available on the higher specification CM900 machine. However, the ads made no comparison with other machines and we considered that the presence of those features in another, higher specification machine did not contradict the overall impression of both ads, that the CM800Q was suitable to the needs of quilters.
For that reason, we concluded that the ads were unlikely to mislead.
We investigated ad (a) under CAP Code (Edition 12) rules
3.1
3.1
The standards objectives, insofar as they relate to advertising, include:
a) that persons under the age of 18 are protected;
b) that material likely to encourage or incite the commission of crime or lead to disorder is not included in television and radio services;
c) that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;
d) that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from inclusion in such services of offensive and harmful material;
e) that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;
f) that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with [in particular in respect of television those obligations set out in Articles 3b, 3e,10, 14, 15, 19, 20 and 22 of Directive 89/552/EEC (the Audi Visual Media Services Directive)];
g) that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred"
Section
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.
2).
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.
and
3.1
3.1
The standards objectives, insofar as they relate to advertising, include:
a) that persons under the age of 18 are protected;
b) that material likely to encourage or incite the commission of crime or lead to disorder is not included in television and radio services;
c) that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;
d) that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from inclusion in such services of offensive and harmful material;
e) that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;
f) that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with [in particular in respect of television those obligations set out in Articles 3b, 3e,10, 14, 15, 19, 20 and 22 of Directive 89/552/EEC (the Audi Visual Media Services Directive)];
g) that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred"
Section
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.
2).
(Misleading advertising) but did not find it in breach.
We investigated ad (b) under BCAP Code rules
3.1
3.1
The standards objectives, insofar as they relate to advertising, include:
a) that persons under the age of 18 are protected;
b) that material likely to encourage or incite the commission of crime or lead to disorder is not included in television and radio services;
c) that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;
d) that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from inclusion in such services of offensive and harmful material;
e) that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;
f) that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with [in particular in respect of television those obligations set out in Articles 3b, 3e,10, 14, 15, 19, 20 and 22 of Directive 89/552/EEC (the Audi Visual Media Services Directive)];
g) that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred"
Section
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.
2).
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.
and
3.12
3.12
Advertisements must not mislead by exaggerating the capability or performance of a product or service.
(Misleading advertising), but did not find it in breach.
Action
No further action necessary.
