Background
Summary of Council decision:
Two issues were investigated, both of which were Upheld
Ad description
A pre-roll YouTube ad for Currys, seen on 29 October 2021 showed two people using e-scooters to ride along a large outdoor path while performing various tricks. A voice-over said, “Get rolling with an electric scooter from Curry’s ...” The next scene featured images of two e-scooters against a pink background. Text at the bottom of the screen stated, “Responsibility of users to comply with local & country laws. Products to be used on private land only, with the landowner’s permission, not on footpaths, cycle lanes, or roads. Always wear protective gear.” The voice-over continued, “Go in-store and online to find everything you need to get zooming, at Currys.”
Issue
The complainant, who understood it was illegal to ride electric scooters in public places, challenged whether the ad was:
1. misleading; and
2. irresponsible
Response
1. & 2. Currys said filming for the ad was compliant with the Department for Transport’s guidance on powered transporters which stated electric scooters could only be used on private land, to which the general public did not have access, with the permission of the landowner or occupier. They said filming took place on a private track inside a velopark and not on a public road and they had obtained the landowners permission by entering into a hire agreement for the film shooting.
Currys said they had taken care to avoid the perception that the electric scooters in the ad were being used in a public place. They said they had ensured there were no pedestrians, motorists, road markings or parked cars in the ad, as they would usually be found in, or imply, a public space.
They pointed out that the ad also featured on-screen text that stated it was the responsibility of users of the products to comply with local & country laws and that the products were to be used on private land only, with the landowner’s permission, not on footpaths, cycle lanes, or roads.
Google explained that it was the user’s responsibility to abide by applicable law and YouTube’s Community Guidelines when uploading content onto YouTube, irrespective of whether the content was served as an ad through Google Ads. They confirmed that the content in question did not violate YouTube’s Community Guidelines
Assessment
Upheld
The ASA considered the Department for Transport’s guidance on powered transporters (an umbrella term that included electric scooters, last updated in July 2020), stated that electric scooters could only be used on private land, to which the general public did not have access, with the permission of the landowner or occupier. Although we understood there were currently some very limited exceptions of use in public areas that related to rental scooters only, we understood that the use of electric scooters outside of those circumstances was illegal.
We considered that, despite the increasing prevalence of electric scooters, consumers would not necessarily be aware of the legality of using electric scooters. We noted the ad showed users riding the scooters on a paved track in what appeared to be a park in an urban setting, given the presence of streetlamps along the track and cranes and high-rise buildings in the distance. We considered that although no other people were shown, consumers were likely to infer the setting was a public park, rather than private land.
We noted the on-screen text stated the products were to be used on private land only with the landowner’s permission and not on footpaths, cycle lanes or roads. However, we noted that the text did not appear during the scene when the scooters were being used outdoors and, in any case, we considered that it did not override the impression given by the visual aspects of the ad, that the products could be used in public places such as parks.
Because the overall impression of the ad was that it was legal to use the electric scooters in places other than on private land when that was not the case, we concluded the ad was misleading and socially irresponsible.
The ad breached CAP Code (Edition 12) rules 1.3 1.3 Marketing communications must be prepared with a sense of responsibility to consumers and to society. (Social responsibility), 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (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
The ad must not appear again in the form complained of. We told Currys Group Ltd to ensure their future marketing communications did not mislead and were not socially irresponsible by suggesting that electric scooters could be used in public places in the UK. We told them to ensure their ads made clear that the use of electric scooters was currently permitted only on private land.
