Ad description

A TV ad and website for Green Flag, a roadside assistance provider, seen in June 2018:

a. The TV ad featured different scenes of vehicles that required roadside assistance. A voice-over stated, “Let’s talk breakdown cover. Now there’s some stuff you should know. Unlike the AA, Green Flag won’t charge extra if you need specialist lifting equipment out of here (scene of a car in the middle of snow). There (scene of a car in the middle of mud). Or this (scene of a car in the middle of a field). Yep, they’re all extras. At Green flag we’ve put an end to all that. With our smart network you get award winning break down cover that covers you when you breakdown. We’ll even half your AA or RAC renewal quote. Green Flag, common sense to the rescue.”

b. The website, www.greenflag.com, featured text on the “PROVE IT” page. Text under the heading “Specialist Equipment” stated “If we need to use specialist equipment to help with recovery, we won’t charge you (As seen in our TV advert with scenes of cars stuck off-road and the words ‘Unlike the AA we won’t charge you extra … if you’re stuck here … there … or in this …’)”. Further text under the “Significant Features” heading stated “We’ll cover specialist lifting equipment charges …”.

Issue

The Automobile Association (AA), who believed that Green Flag did not provide breakdown assistance in some of the scenarios shown in ad (a), challenged whether both ads were misleading and could be substantiated.

Response

Green Flag said that they would provide assistance to customers in all of the scenarios shown in the ad. They said that whilst there was an exclusion in their terms and conditions which stated that they would not recover vehicles if they were involved in “off-road driving”, that referred to the sport or activity of driving vehicles over rough terrain known as “off-roading".

Clearcast said that Green Flag had confirmed the depicted scenarios in the ad were covered in their breakdown policy, even if specialist lifting equipment was needed to retrieve the driver and their vehicle. They also provided a copy of a comparison table which showed the different features of Green Flag's breakdown policy in contrast to the AA.

Assessment

Not upheld

The ASA noted that ad (a) featured the claim “Unlike the AA, Green Flag won’t charge extra if you need specialist lifting equipment out of …” followed by three different scenes which showed vehicles requiring roadside assistance. Ad (b) also referred to the same claim and scenarios. We considered that viewers would interpret both ads to mean that Green Flag would provide breakdown assistance to customers in all of the scenarios shown in the ads at no extra charge whereas they would be charged for help in those scenarios by the AA.

We understood that the AA believed that the ad was misleading because Green Flag’s terms and conditions suggested that they did not provide assistance to customers involved in off-road driving. However, Green Flag confirmed that that exclusion did not apply to the depicted scenarios and that they would recover customers in all the scenarios shown in the ad.

Because we understood that the scenarios shown in the ad were included in Green Flag’s breakdown cover policy, we concluded that the ad was not misleading.

We investigated the ad under BCAP 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).
 and  3.2 3.2 Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
 (Misleading advertising),  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.  (Substantiation) and  3.33 3.33 Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service.  (Comparisons with identifiable competitors) and CAP Code rules (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).
 and  3.2 3.2 Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
 (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  3.33 3.33 Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service.  (Comparisons with identifable competitors), but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.2     3.33     3.9    

CAP Code (Edition 12)

3.1     3.2     3.33     3.7    


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