Ad description
a. A TV ad, for the Mitsubishi Outlander PHEV, featured a voice-over that stated, "Introducing the Mitsubishi Outlander PHEV. The world's first four-wheel drive plug-in hybrid SUV. The fusion of electric and petrol technology could achieve a staggering 148 miles per gallon, and with a fraction of the CO2 emissions of even a conventional small car, paying road tax is a thing of the past. We haven't just made an SUV, we've made history." On-screen text stated "MPG figures are obtained from laboratory testing and intended for comparisons between vehicles and may not reflect driving results. 44g/Km CO2 Emissions achieved".
b. A website, www.mitsubishi-cars.co.uk, featured text on the Outlander PHEV product page that stated "Experience Outlander PHEV. The world's first plug-in hybrid 4WD SUV. Capable of 148 mpg". Further text stated "32.5 Mile Electric Range Capable of 32.5 miles in EV mode, the average commute can be driven solely on electricity reducing the cost on you and the environment". The page included a link to the 'SPEC' page. The "Emissions/Economy tab" on that page stated "Economy - combined lts/100km (mpg) 5.8 (48.7)".
Issue
Two complainants, who understood that the fuel consumption figure quoted in the ads was unlikely to be replicated in normal driving conditions and was based on the car being fully recharged with electricity at regular intervals, challenged whether the ads misleadingly implied that the car could travel 148 miles on one gallon of fuel alone.
Response
The Colt Car Company Ltd t/a Mitsubishi Motors said the fuel consumption figure of 148 mpg was tested against the official New European Driving Cycle (NEDC). They said that, at the time the ad appeared, there was no separate set of criteria for testing vehicles with combined powertrains, such as the Outlander PHEV. They said that test attempted to represent the typical usage of a car in Europe. They said the tests allowed comparisons between vehicles. However, it was acknowledged that the figure was not necessarily representative of the actual consumption likely to be achieved due to road conditions, loading of vehicles and driving styles.
Mitsubishi Motors believed the voice-over that stated "The fusion of electric and petrol technology could achieve ... " made clear that the fuel consumption figure was a combination of the two forms of motive power. They believed the reference to "could achieve" made clear the fuel consumption figure was conditional rather than absolute.
Mitsubishi Motors said ad (b) made clear that the vehicle could travel 32.5 miles using electric power alone. They also said that ad included a link labelled "SPEC" that clicked through to the detailed specification. They said that the "Emissions/Economy tab" on that page provided details of the performance capabilities of the petrol engine in isolation.
Clearcast said the reference to the fuel consumption figure was not intended to reflect real driving conditions. They pointed out that the ad included on-screen text that stated "MPG figures are obtained from laboratory testing and intended for comparisons between vehicles and may not reflect driving results. 44g/Km CO2 Emissions achieved". They believed the ad made clear the car used two forms of motive power: petrol and electricity.
Assessment
Upheld in relation to ad (b) only
The ASA understood that the Mitsubishi Outlander PHEV was a plug-in hybrid electric vehicle (PHEV) which was powered by a petrol combustion engine as well as an electric battery. When the battery charge was depleted, the petrol engine would power a generator, thus extending the range of the vehicle.
Ad (a) included an image of the advertised vehicle connected to a power supply. The voice-over referred to the vehicle as a 'PHEV' and 'The world's first four-wheel drive plug-in hybrid SUV'. It also made clear that 'The fusion of electric and petrol technology could achieve a staggering 148 miles per gallon'. In that context, we considered consumers would understand the ad to mean that the fuel consumption figure related to the fuel consumption rate achieved through a combination of battery power and petrol fuel. On-screen text in ad (a) stated "MPG figures are obtained from laboratory testing and intended for comparisons between vehicles and may not reflect driving results". We therefore considered the ad made clear that the fuel consumption figure quoted in the ad was not necessarily representative of what a user would achieve when driving the car. For those reasons, we considered ad (a) was not likely to mislead on the specific point of complaint.
Ad (b) featured text that stated "Experience Outlander PHEV. The world's first plug-in hybrid 4WD SUV. Capable of 148 mpg." Further text on that page made clear that the vehicle could travel 32.5 miles using electric power alone and that the vehicle had a combined range of over 500 miles. However, that page of the website did not make clear that the fuel consumption figures quoted were not necessarily representative of what a user would achieve when driving the car. The "Emissions/Economy tab" on the "SPEC" page stated "Economy - combined lts/100km (mpg) 5.8 (48.7)". We noted Mitsubishi Motors' belief that that information made clear the performance capabilities of the petrol engine in isolation. However, we considered the average consumer was not likely to understand that from the presentation of that page. In that context, we considered the ad did not make sufficiently clear that the fuel consumption rate related to the rate achieved through a combination of battery power and petrol fuel. For those reasons, we concluded that ad (b) breached the Code.
We investigated ad (a) under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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) and
3.10
3.10
Advertisements must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification), but did not find it to be in breach. Ad (b) breached CAP Code (Edition 12) rules
3.1
3.1
Advertisements 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).
Action
No further action necessary in respect of ad (a). Ad (b) must not appear again in its current form. We told Mitsubishi Motors to ensure ads made sufficiently clear that the fuel consumption rate related to that achieved through a combination of battery power and petrol fuel in future, and that the fuel consumption figures quoted were not necessarily representative of what a user would achieve when driving the car.
