Ad description
A press ad by Balmer Lawn Motorrad, a car retailer, seen in the 27 January 2023 edition of Advertiser and Times, featured an image of a rider on a motorbike with headline text which stated “BUILT TO CHALLANGE [sic]”. Further text below stated “[…] Limits are there to be broken. The new BMW S 1000 supports you with uncompromising powe [sic]. Newly designed winglets and a formidable 210hp make the engine a benchmark I nthe [sic] Supersport segment. From the handlebar and seat down to the footrests, the whole design has been ergonomically optimised so you can surpass yourself in any race. Are you ready to challenge?"
Issue
The complainant, who believed the ad condoned breaking speed limits and encouraged driving behaviour that was dangerous, challenged whether the ad was irresponsible.
Response
Balmer Lawn Garage Ltd t/a Balmer Lawn Group said the ad was designed to promote the racing attributes of the BMW S 1000 RR bike for use on a racetrack. They said the ad showed the bike being driven on a race circuit, based on its use in the Superstock Race Series, which was referred to in the ad by the claims “Supersport segment” and “you can surpass yourself in any race”. Balmer Lawn Group said there was no mention of the bike being ridden on a public highway and they did not believe that it condoned or encouraged unsafe or irresponsible driving on a public highway or a breach of the Highway Code. They accepted that the ad promoted the racing credentials of the bike, but they said that was in the context of racing on the track and not a public highway. Balmer Lawn Group said the ad was no longer in circulation and would be withdrawn.
BMW UK t/a BMW Motorrad UK said that they never intended to encourage readers to break speed limits on the public highway.
Advertiser and Times said they had received no direct complaints about the ad. They said the ad was supplied by their client, Balmer Lawn Group, and was aimed at those riding in a sporting environment. They said the ad did not show the bike being ridden on a public highway and the accompanying text illustrated its overall specifications including engine, handlebars and footrests. However, they said to avoid any ambiguity, they had informed Balmer Lawn Group that they would not be accepting the ad again in its current form.
Assessment
Upheld
The CAP Code stated that motoring advertisements must not condone or encourage unsafe or irresponsible driving. If it could be emulated, marketing communications must not depict a driving practice that is likely to condone or encourage a breach of those rules of the Highway Code that are legal requirements if that driving practice seems to take place on a public road or in a public space. Vehicles' capabilities may be demonstrated on a track or circuit if it is obviously not in use as a public highway. The Code also stated that advertisers must not make speed or acceleration the main message of their ads.
The ASA understood that the motorbike featured in the ad was a high-performance vehicle designed for use in professional racing as implied by the reference to the “Supersport segment” and we acknowledged that the image appeared to be from a racetrack. However, it was seen in a regional newspaper which was likely to have readers who were not professional racers but owned motorbikes, or could purchase the BMW S 1000. We understood that model was available for purchase commercially, and could be ridden on public highways.
Although the ad’s text included the bike’s specifications and capabilities, it also stated “limits are there to be broken” and we considered that would be understood by readers as a reference to the speed limits set on a public highway and an encouragement to break those limits. In connection with the claims “BUILT TO CHALLENGE”, “the new BMW S 1000 supports you with uncompromising power” and “Are you ready to challenge?” we considered the ad suggested that the bike could push or exceed the boundaries of safe driving and that readers were being invited to try to do so, due to the higher performance nature of the BMW S 1000. We considered readers were unlikely to associate such phrases with responsible driving behaviours.
We also considered that the claims “limits are there to be broken” and “the whole design has been ergonomically optimised so you can surpass yourself in any race”, along with the invitation for readers to “challenge”, focused on the speeds the bike was capable of achieving. The ad had a slightly blurred appearance which we considered also suggested that the rider was travelling at speed and which added to the overall impression that speed was the main message of the ad.
Because we considered the ad suggested that readers should push the boundaries of safe driving and made speed the main message of the ad, we concluded it condoned and encouraged unsafe driving and was irresponsible.
The ad breached CAP Code (Edition 12) rules 1.3 (Social responsibility), 19.2 and 19.4 (Motoring).
Action
The ad must not appear again in the form complained of. We told Balmer Lawn Garage Ltd t/a Balmer Lawn Group to ensure their ads did not condone or encourage unsafe or irresponsible driving.
