Ad description
A website, www.samsung.com, for a Samsung television, featured text that stated "Samsung 46" F6100 Series 6 3D Full HD LED TV". Further text beneath the subheading "Product Features" stated "The Samsung LED TVs have created an entirely new and immersive viewing experience when it comes to home entertainment. With the latest 3D imaging technology, you will be completely immersed in a new world of TV viewing reality." Text beneath the subheading "Specification" stated "Product LED".
Issue
The complainant challenged whether the ad misleadingly implied the television had a full LED screen, because they understood the television had an LCD screen with LED edge-lit technology.
Response
Samsung Electronics (UK) Ltd believed consumers would understand that the reference to LED TVs referred to LED backlit TVs. They said it was common practice within the industry to use the term LED TV to describe televisions with LED backlighting. They provided a significant amount of evidence to demonstrate that, including: screenshots from television retailers' websites; in store displays; screenshots from television manufacturers' websites; and expert reviews. They also said that there was no possibility of confusion for consumers because there was no full LED television on the market that was described as an LED TV. They said that such TVs were referred to as OLED TVs. They provided screenshots from retailers selling OLED TVs, which they said supported that.
Assessment
Not upheld
The ASA understood it was possible to purchase a full-LED TV, but that such TVs were described as OLED TVs, rather than LED TVs. We noted Samsung had provided market research to demonstrate that. We also noted Samsung provided a significant volume of market research to demonstrate that the term "LED TV" was used by the majority of the industry to describe TVs with LED backlighting and we acknowledged that the term was widely used. We did not consider that the term "LED TV" in itself implied that the screen was comprised of LEDs.
Because the term LED TV was used by the majority of the industry to describe LED backlit TVs and because full-LED TVs were referred to as OLED TVs, we considered consumers would understand the ad to mean that the advertised product was an LED backlit TV rather than a full-LED TV.
We therefore 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.
and
3.3
3.3
Marketing communications must not mislead the consumer 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 the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising) and
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification) but did not find it in breach.
Action
No further action necessary.
