Ad description
A factsheet for the Ecostat Select thermostatic shower mixer on the bathroom fitting website www.hansgrohe.co.uk stated "Description - consisting of: ... Flow rate 22l/min at 3 bar".
Issue
A complainant, who had purchased the product, challenged whether the claim "Flow rate 22 L/min at 3 bar" was misleading and could be substantiated, because his flow rate was only 12 L/min.
Response
Hansgrohe supplied published test results that showed that a three bar supply pressure, even when it had been reduced by 0.5 bar by the shower mixer, delivered a flow rate of 22 L/min. They said the flow rate that a customer obtained related to their water pressure and pointed out that the claim linked the 22 L/min flow rate with three bar water pressure, which they believed was typical in European markets.
Assessment
Not upheld
The technical specifications of the product supplied by Hansgrohe showed that an existing water pressure of three bar would deliver the flow rate of 22 L/min claimed. The claim was specifically worded in that the 22 L/min flow rate related to water pressure of three bar. It followed, therefore, that, when the existing water pressure was less than three bar, the shower mixer would not deliver the flow rate that was claimed for three bar water pressure. Because Hansgrohe had demonstrated that the shower mixer would deliver a flow rate of 22 L/min from three bar water pressure, we considered that they had substantiated the claim and concluded that it 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.
