Background
This Ruling forms part of a wider piece of work on home efficiency scheme grants, identified for investigation following intelligence gathered by the ASA. See also related rulings published on 11 December 2024.
Summary of Council decision:
Two issues were investigated, both of which were Upheld.
Ad description
A paid-for Meta ad for Energy Grant Access, published on 13 June 2024 included text that stated, “Homeowners in Scotland heating their homes with oil, electric, solid fuel or LPG, can get free solar panels with this government-backed scheme. You might also be eligible for other renewable heating and home insulation”.
The ad included an image that displayed a coat of arms, the national flag of Scotland (the Saltire), and text that stated, “ECO4 is a Government energy-efficiency scheme in partnership with [Ofgem logo]”. Further text stated, “Is Your Property Off-Gas? Get a Free Heat Pump This government-backed scheme provides up to £45,000 in free home energy upgrades” and included a button labelled “Check My Eligibility”.
Text underneath stated, “100% Free Heat Pump Instantly check your eligibility for a free heat pump under this government-backed grant” and a button labelled “Apply Now”.
Issue
The ASA challenged whether the ad:
- misleadingly implied that the advertiser was associated with or endorsed by the Scottish Government; and
- falsely implied that the marketer was acting for purposes outside its business and did not make its commercial intent clear.
Response
1. Alchemy Bros Ltd t/a Energy Grant Access stated that the logo used in the ad was their coat of arms that was intended to evoke a sense of “Britishness”, security and accessibility through use of the symbols of lions, keys and a shield. They did not intend it to imply any official endorsement or affiliation with any government body or official entity. Regarding the use of the national flag of Scotland (the Saltire), they stated that, although the Scottish government did include the blue and white Saltire in its logo, the flag was always accompanied by the text “Scottish Government – Riaghaltas na h-Alba” or “gov.scot”, and therefore they did not consider that their ad implied that they were endorsed by the Scottish government. They used the Saltire in their ad to denote their target audience, which was Scottish homeowners and tenants. Their intent was to communicate that the service they provided was specifically targeted at residents of Scotland.
They included the Ofgem logo to communicate that the ECO4 scheme was a government initiative in partnership with Ofgem, and to provide reassurance that the funding was genuine and regulated by a reputable organisation, and not to imply any endorsement of Energy Grant Access’ specific services by Ofgem. They acknowledged that their use of the Ofgem logo may lead consumers to believe that their company was endorsed by or affiliated with Ofgem. They said they would amend the ad.
2. They acknowledged the importance of transparency in all their communications. They said that the commercial intent behind Energy Grant Access was to provide a comprehensive and consultative service that assisted homeowners in navigating the complex process of accessing energy efficiency grants. They actively engaged with homeowners to assess their eligibility, provide tailored advice, and ensure that they understood the various grant options available to them.
They made informed decisions about the likelihood of eligibility based on each customer’s property, financial situation and specific needs. Only after this consultative process, did they connect homeowners with a select group of vetted installers. They said that their operations were far removed from mere commercial lead generation, focusing instead on providing a valuable, transparent and customer-centric service.
Assessment
1. Upheld
The ASA considered that Energy Grant Access’ logo, which appeared in their profile logo and the ad, and featured two lions standing either side of a shield with a crown atop, resembled the UK’s Coat of Arms that was used by the Government. We considered that the use of the Coat of Arms alongside the name “Energy Grant Access”, the Saltire flag and the references “ECO4 is a Government energy-efficiency scheme in partnership with ofgem” and “government-backed scheme”, gave the overall impression that Energy Grant Access was associated with, or endorsed by the Scottish Government.
We understood that at the time the ad was seen, there was a government-endorsed home energy efficiency scheme available, but that Energy Grant Access was not specifically associated with or endorsed by the Scottish Government in any way.
Because the ad gave the overall impression that Energy Grant Access was associated with, or endorsed by the Scottish Government, when that was not the case, we concluded that the ad was misleading.
On that point, the ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation) and 3.50 (Endorsements and Testimonials).
2. Upheld
The CAP Code stated that marketing communications must not falsely clam or imply that the marketer was acting for purposes outside its trade, business, craft or profession and should make clear their commercial intent if that was not obvious from the context.
We considered that consumers would understand from the company trading name “Energy Grant Access” and their logo, which, as referenced at point 1, resembled the UK’s Coat of Arms, that they were a government-endorsed public entity. They would further understand from the ad that Energy Grant Access would assess consumers’ eligibility for free home energy upgrades.
We understood that they did assess consumer’s eligibility and that, in circumstances where consumers were eligible for the scheme, they referred them to the installers they worked with who were able to obtain the government funding. However, we understood that Energy Grant Access was a commercial enterprise. Therefore, because the overall impression of the ad was that Energy Grant Access was a government-endorsed public entity, and that was not the case, we concluded that they misleadingly implied they were acting for purposes outside of their profession and did not make their commercial intent clear.
On that point, the ad breached CAP Code (Edition 12) rule 2.3 (Recognition of marketing communications).
Action
The ad must not appear again in the form complained of. We told Alchemy Bros Ltd t/a Energy Grant Access to ensure their future ads did not misleadingly imply that they were associated with or endorsed by the Scottish Government. We also told them not to falsely imply they were acting for purposes outside of their trade, and to make their commercial intent clear.
