Ad description
The website www.powerstar.com, for a supplier and installer of electrical engineering equipment, seen on 22 July 2016, listed voltage optimisation systems as one of the products they offered. Text under the tab "Negative Power (Back EMF)" stated "A UNIQUE, PATENTED VOLTAGE OPTIMISATION SYSTEM" followed by an explanation of how the system worked and claims about improvements in efficiency. Text stated "... the magnetic flux causes the induction of a reverse current, which is a fraction of the supply current, typically 10% (70%-80% of the 12% typically achieved by Powerstar)". Further text, underneath the heading "Benefits of the patented Powerstar design", stated "70-80% of the total savings come from the negative power (back EMF) feedback while 20-30% come from the improvement in the equipment efficiency".
Issue
The complainant, a chartered engineer with an interest in energy efficiency, challenged whether the claim "70-80% of the total savings come from the negative power (back EMF) feedback while 20-30% come from the improvement in the equipment efficiency" misleadingly suggested that the efficiency of connected equipment was improved at reduced voltage and could be substantiated.
Response
Powerstar said that, given the level of technical knowledge and proficiency readers of their website were likely to have, they were confident that readers of their website would not be misled. They supplied a report compiled by the University of Warwick between September and December 2011, which they believed demonstrated that Powerstar improved energy efficiency by reducing voltage. They also said Powerstar had an approved UK patent. The process for obtaining this had involved them needing to hold evidence that they believed had shown that the device provided energy efficiency savings by reducing voltage. They supplied a copy of the patent application document.
They said they were willing to make changes to the claim to state that it applied only to electrical loads which were subject to improved efficiency when voltage was reduced.
Assessment
Upheld
The ASA considered readers were likely to interpret the claim, in the context of the explanation in which it appeared, to mean that, with any electrical device or in any system in which it was installed, the Powerstar typically achieved an improved efficiency of 12%. Given that the claim did not limit itself to any particular electrical device or type of installation, we considered it suggested 12% was a typical efficiency saving, for all devices and in any installation. We considered Powerstar needed to hold evidence which showed that, across a wide range of electrical products and installations, 12% was a typical efficiency saving.
We noted that the report compiled by the University of Warwick stated that they had undertaken mathematical modelling of power flows and had conducted a simulation study, but it contained no information which showed that efficiency savings had been obtained from a wide range of electrical products or installations and that 12% was a typical level of energy efficiency saving. The patent application document contained a technical explanation of how the technology was designed to work but, again, contained no information that showed that efficiency savings had been obtained from a wide range of products or installations in real-life situations and that 12% was a typical saving. We welcomed Powerstar's willingness to make changes to their ad. However, before making any efficiency savings claims for the equipment, we considered Powerstar needed to hold evidence that supported the level of efficiency saving claimed, in the situations in which the equipment would be used. Because Powerstar had not supplied that evidence, we concluded that the claims 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 3.7 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).
Action
The ad must not appear again in its current form. We told Powerstar to ensure that energy efficiency claims for the equipment were supported by evidence of its performance in the situations in which it would be used.
