Background
Update to Advertising Codes (7 April 2025):
On 7 April 2025, the Advertising Codes were updated to reflect the revocation and restatement of the Consumer Protection from Unfair Trading Regulations 2008 (“CPRs” – the legislation from which the majority of the CAP and BCAP rules on misleading advertising derived) by the Unfair Commercial Practices provisions in the Digital Markets, Competition and Consumers Act 2024 (“DMCCA”). On that date, the wording of a number of the rules in the Advertising Codes was changed to reflect relevant changes introduced by the DMCCA on 6 April 2025.
Given that the complaint that formed the subject of this ruling were received before 7 April 2025, the ASA considered the ads and complaint under the wording of the rules that existed prior to 7 April 2025, and the Ruling (and references to rules within it) should therefore be read in line with this wording, available here – CAP Code and BCAP Code.
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
Two emails and two product listings for ABD.co.uk, a motor vehicle dealer, seen in January and February 2025:
a. The first email featured the subject “BACK IN STOCK: Up To 450% Brighter Headlights with HID Kits at ABD.co.uk”. Text in the body of the email stated, “This range is perfect for those looking to achieve maximum brightness on the road”. Below the text were images and links to HID conversion kits for different bulb fittings.
b. A product listing for a “H4 HIDS4U Stealth 55W Bi-Xenon HID Conversion Kit”, featured text which stated, “Xenon HID […] gives a significantly brighter light output, with a stronger beam pattern to better illuminate road markings, signs & potential hazards to create a far safer road experience when travelling at night. A specifications table was located in a tab under the heading “Techy Stuff” which stated, “Road Legal: No”.
c. The second email featured the subject “25% Off LED Upgrade Bulbs. White, Brighter And CANBUS Ready. ABD.co.uk”. Text in the body of the email stated, “Just remove your standard halogen bulb, and effortlessly replace it with the True FIT LED’s […] Experience nighttime driving like never before […] an astonishing 200% increase in road illumination, your nighttime journeys will feel like driving in broad daylight. You’ll see the road ahead with unparalleled clarity, giving you the ability to spot hazards from a distance and react swiftly to ensure your safety as well as other road users”. The email featured images of different LED bulb products designed to replace halogen bulbs.
d. A product listing for “H7/H18 Twenty20 TrueFit LED Headlight Bulb” featured the same text as in ad (c). A specifications table was located in a tab under the heading “Techy Stuff” which stated, “E Marked/Road Legal: No”.
Issue
The complainant, who understood that driving a vehicle with a Xenon HID conversion kit or aftermarket LED lights on public roads was illegal, challenged whether the ads were:
- misleading; and
- irresponsible.
Response
1. & 2. ABD Supplies Ltd t/a ABD.co.uk acknowledged that the products were not road legal when fitted to most modern cars, but believed they were legal to use on certain vehicles such as motorcycles and classic cars. They said they published information about the legality of the products on their website in several articles and on a FAQ page.They said the products increased nighttime safety for the driver, other road users and pedestrians and therefore believed the product descriptions were accurate.
ABD.co.uk said they would review their product listings and update them to ensure they explained the legality of the products more clearly for consumers.
Assessment
1. Upheld
The ASA considered that consumers would understand the claim, “this range is perfect for those looking to achieve maximum brightness on the road”, in ad (a), and “illuminate road markings, signs & potential hazards to create a far safer road experience” in ad (b) to mean that the HID conversion kits could be legally fitted to vehicles in the UK. We also considered the claims, “experience nighttime driving like never before […] ensure your safety as well as other road users”, in ads (c) and (d) created the impression that LED bulbs could legally be fitted to vehicles with halogen headlamp units. We considered that the repeated references in the ads to nighttime driving, road markings and hazards gave the impression that those products were generally legal for use on public roads in the UK.
The MOT inspection manual for cars and passenger vehicles stated that existing halogen headlamp units on vehicles first used on or after 1 April 1986 must not be converted to be used with high intensity discharge (HID) or light emitting diode (LED) bulbs. If such a conversion had been done, the headlamp would be failed for “light source and lamp not compatible”. That section did not appear in the inspection manual for motorcycles. Although that meant HID and LED conversion kits were road legal in the UK when fitted to motorcycles, or vehicles first used before 1 April 1986, we understood that in the majority of cases the kits would not be road legal. We considered that most consumers would not have been aware of the legality of using HID and LED conversion kits and that they risked their vehicle failing an MOT test if it was fitted with one.
Although we acknowledged that ads (b) and (d) contained information on the legality of the product, we considered the location of that information within a table under a tab titled “techy stuff” was not sufficiently prominent. We also considered that qualifications contradicted the overall impression of ads (b) and (d) that the products were generally suitable for use on the road.
Because the ads created the impression that HID and LED conversion kits were road legal in the UK, when that was not the case for the majority of vehicles, we concluded they were misleading.
On that point, the ads breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.9 (Qualification).
2. Upheld
The CAP Code stated that marketing communications must be prepared with a sense of responsibility to consumers and to society.
As already outlined, we considered the ads created the impression that these products could be used on the road to improve nighttime driving experience and improve visibility, with no restrictions on their use. We understood that cars fitted with HID and LED conversion kits, were not road legal, other than in limited circumstances, and consumers who used them risked fines and their vehicle failing an MOT test. Because the overall impression from the ads was that it was legal to use HID and LED conversion kits on public roads when that was not the case, and risked causing consumers to inadvertently break the law, we concluded the ads were socially irresponsible.
On that point, the ads breached CAP Code (Edition 12) rule 1.3 (Social responsibility).
Action
The ads must not appear again in the form complained of. We told ABD Supplies Ltd t/a ABD.co.uk to ensure future ads were not misleading or irresponsible by suggesting that HID and LED conversion kits could be used by most vehicles on public roads. We also told them to ensure their ads made clear that the use of HID and LED conversion kits was only legal when fitted to motorcycles, and to cars first used before 1 April 1986, or when used for off road purposes.
