Background
Summary of Council decision:
Three issues were investigated, of which two were Not upheld and one was Upheld.
Ad description
A video on YouTube and a TV ad for heating company BOXT, seen in October and November 2019:
a. The video on YouTube, seen on agency Big Al’s Creative Emporium’s channel on 30 October 2019, featured a voiceover which stated, “Listen up, if you’re thinking of replacing your boiler with British Gas, you might want to come a bit closer. BOXT can install your boiler the next day and a boiler from BOXT costs on average … actually you may want to turn the sound up too … £1217 less than the same one from British Gas. BOXT are also rated Britain’s number one heating company on Trustpilot. So don’t buy a new boiler from anyone else until you’ve checked BOXT, you’d be a fool to yourselves. BOXT, faster, cheaper, trustier."
b. The TV ad, seen on 28 November 2019, was the same as ad (a).
Issue
British Gas challenged whether the following claims in the ads were misleading and could be substantiated:
1. “BOXT can install your boiler the next day”; and
2. “a boiler from BOXT costs on average … £1217 less than the same one from British Gas”.
3. A member of the public challenged whether the claim “BOXT are also rated Britain’s number one heating company on Trustpilot” misleadingly implied a comparison against British Gas, who they believed were categorised differently from BOXT on Trustpilot.
Response
1. BOXT Ltd said that they guaranteed next day installation if the purchase took place before the cut-off point of 3 pm. They said they installed in England, Scotland, Wales and the Isle of Wight, and showed a footer on the home page of their website which stated “Buy online by 3pm and get it fitted the next day”. Customers were able to choose the installation date which suited them and could make further savings by choosing a day for installation on the calendar which was marked as a deduction.
If their website showed no availability for next day installation on a particular day, customers were provided with a telephone number to call them, as they had a number of engineers on standby to ensure customers received next day installation. BOXT said that although certain areas showed a longer wait for installation, if a customer wanted a specific date and they had capability in a different area, they may still fit on the date the customer wanted if they contacted them by telephone or live chat. They provided a spreadsheet which they said showed the number of customers who received next day installation between October 2019 and January 2020.
Clearcast said the ad included a qualifying disclaimer which stated “when you before before 3pm”. They said BOXT confirmed to them that engineers arrived between 7.30 am and 9.30 am and a boiler was delivered in the same period by courier to a customer’s home. They said that they also asked for evidence to show that British Gas did not offer next-day delivery and for BOXT to confirm that they would continue to monitor the situation. Should it change, they said the ad would be pulled from air.
2. BOXT said they commissioned a third party to carry out market research via a mystery shopping programme to compare pricing and customer experience regarding the replacement of a new like-for-like boiler including installation. They provided a spreadsheet which they believed demonstrated an average of £1,217.73 was saved, and stated that the exercise was conducted on Worcester branded boilers because they were the leading boiler brand for both BOXT and British Gas and were therefore representative of those available. BOXT said both of the boilers shown on screen while the savings claim was being made were Worcerster branded boilers and the claim stated “BOXT £1217 LESS ON AVERAGE”. They said consumers would therefore understand the basis of the comparison was with Worcester boilers from British Gas and that they would save more on some models than others.
Clearcast said they were told that the base rates for all of the boilers compared were supplied for both BOXT and British Gas, and based on the information provided the average savings claim was approved.
3. BOXT said British Gas were not cited in the ad at the point at which the Trustpilot rating was mentioned. They said that there was a distinct pause and change in the creative after the comparative savings claim and that they believed consumers would see the statement as a fact and not a comparison. They said the phrase “so don’t buy a new boiler from anyone else until you’ve checked BOXT” was merely a call to action asking consumers to check with BOXT before buying a new boiler and clearly stated “anyone else”, not British Gas. BOXT said they were still rated as number one in the category ‘gas installation’ which the two companies had in common on Trustpilot, and therefore felt the ad was not misleading. They said that consumers were directed to Trustpilot and were therefore capable of verifying the information themselves. They said they would change the ad to a direct comparison showing that they were ranked top in gas Installation and that British Gas were rated 60/60 in the same category.
Clearcast said they did not believe the claim implied a comparison between BOXT and British Gas. They said that at no point did the ad compare the two companies’ ratings on Trustpilot, and the use of the word ‘also’ helped to separate the claim from the previous comparisons.
Assessment
1. Not upheld
The ASA considered that consumers would understand from the claim “BOXT can install your boiler the next day”, and the accompanying super-imposed text which stated “when you buy before 3pm”, that if they purchased a new boiler before 3pm, they could choose to have the boiler installed on the next day. We therefore expected BOXT to be able to demonstrate that orders placed before 3pm had resulted in next-day installation of a boiler for those consumers who chose to do so.
We assessed the evidence by BOXT. While we understood that next-day installation was subject to availability, the evidence demonstrated that BOXT had sufficient measures and personnel in place to ensure that those consumers who chose next day installation were given it.
We recognised that the next-day installation data over the period in question, October 2019 to January 2020, showed that few customers actually took up the offer of next-day installation. However, the price of installation generally decreased the further in advance it was booked, so we understood the lower take up was not as a result of availability issues. In light of the above, we concluded that the claim “BOXT can install your boiler the next day” had been substantiated and was therefore not likely to mislead.
On that point, we investigated ad (a) under CAP Code (Edition 12) rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
3.3
3.3
For advertisements that quote prices for an advertised product or service, material information [for the purposes of rule
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.
includes:
(Misleading advertising),
3.7
3.7
Advertisements must not falsely imply that the advertiser is acting as a consumer or for purposes outside its trade, business, craft or profession. Advertisements must make clear their commercial intent, if that is not obvious from the context.
(Substantiation) 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 in breach. On that point, we investigated ad (b) under BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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
3.11
3.11
Qualifications must be presented clearly.
BCAP has published guidance on superimposed text to help television broadcasters ensure compliance with rule
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
. The guidance is available at:
Use of superimposed text in television advertising
(Qualification), but did not find it in breach.
2. Upheld
We considered that consumers would understand from the claim “a boiler from BOXT costs on average … £1217 less than the same one from British Gas” that based on BOXT’s average boiler prices, customers could save around £1,217 on their chosen boiler in comparison to the price that British Gas sold that same boiler. The ad provided no additional information on the basis of the comparison, and we therefore expected BOXT to hold evidence which demonstrated that such a level of saving could be achieved, taking account of the wide variety of boiler types and brands available on the market.
We assessed the information provided, which comprised a list of 44 comparisons between quotes obtained from BOXT and British Gas for Worcester Bosch boilers. While the spreadsheet demonstrated that quotes were obtained for different types of Worcester Bosch boilers, we understood that there were many other boiler brands on the market that had not been included in the comparison and which were available through British Gas. We acknowledged BOXT’s comment that Worcester Bosch were the leading brand on the market. However, the claim in the ad referred to those boilers available through British Gas, and we therefore considered that the evidence was insufficient to support the claim.
In light of the above, we considered that it had not been demonstrated that a boiler from BOXT was on average £1217.73 less than the same one from British Gas and we therefore concluded that the claim was misleading. On that point, ad (a) breached CAP Code (Edition 12) rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
3.3
3.3
For advertisements that quote prices for an advertised product or service, material information [for the purposes of rule
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.
includes:
(Misleading advertising),
3.7
3.7
Advertisements must not falsely imply that the advertiser is acting as a consumer or for purposes outside its trade, business, craft or profession. Advertisements must make clear their commercial intent, if that is not obvious from the context.
(Substantiation),
3.33
3.33
Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service.
(Comparisons with identifiable competitors) and
3.39
3.39
Advertisements that include a price comparison must make the basis of the comparison clear.
(Price comparisons). On that point, ad (b) breached BCAP Code rules
3.1
3.1
Advertisements must not materially mislead or be likely to do so.
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),
3.9
3.9
Broadcasters must hold documentary evidence to prove claims that the audience is likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation.
(Substantiation),
3.33
3.33
Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service.
(Comparisons with identifiable competitors) and
3.39
3.39
Advertisements that include a price comparison must make the basis of the comparison clear.
(Price comparisons).
3. Not upheld
We noted the claim “BOXT are also Britain’s number one heating company on Trustpilot” in the ad followed the comparisons with British Gas. However, there was no reference to British Gas by the voiceover or the visuals at the point the claim was made. Given the addition of the word “also”, we considered that consumers would understand the claim as separate to the comparative claims made against British Gas earlier in the ad, and would interpret it as a factual statement about BOXT’s Trustpilot rating. In light of the above, and because BOXT were the top-rated company under the category of “Heating service” on Trustpilot, we concluded that the claim was not misleading.
On that point, we investigated ad (a) under CAP Code (Edition 12) rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. (Misleading advertising) and 3.33 3.33 Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service. (Comparisons with identifiable competitors), but did not find it in breach. On that point, we investigated ad (b) under BCAP Code rules 3.1 3.1 Advertisements must not materially mislead or be likely to do so. and 3.33 3.33 Advertisements that include a comparison with an identifiable competitor must not mislead, or be likely to mislead, consumers about either the advertised product or service or the competing product or service. (Comparisons with identifiable competitors), but did not find it in breach.
Action
Ads (a) and (b) must not appear again in the form complained of. We told BOXT Ltd to ensure that they did not make comparative pricing claims unless they held adequate evidence to support those claims.
BCAP Code
3.1 3.11 3.2 3.33 3.9 3.39 3.1 3.3 3.7 3.33 3.10 3.39
