Ad description
A paid-for online display ad and a landing page on the website topconews.com, for Heater Pro X, a plug-in mini heater, seen in September 2022:
a. The paid-for ad, seen on a newspaper website, included an image of a plug-in heater and a finger adjusting the dial, stated, “Turn Off Your Central Heating & Plug New Mini Heater In – Is It Really Cheap Heat? Powerful House Heater Sponsored Link by Taboola”.
b. The landing page had the headline, “New compact heater to help you stay warm this winter - where can you order yours?” Text continued, “Summary: This new mini heater is an alternative to gas for the winter ahead. Compact, efficient, and able to warm a room in minutes. Where can you still pick it up? Gas prices have risen quickly this year. This electric fan heater, could be a great alternative to warm rooms in your home! It'll warm up your rooms in just a few minutes …”.
Issue
The ASA challenged whether the claims in ads (a) and (b) that the product could provide cheap heating and help save money could be substantiated and were misleading.
Response
Ecomm Movadgency SL did not respond to the ASA's enquiries.
Assessment
The ASA was concerned by Ecomm Movadgency SL’s lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rules 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
Upheld
Ad (a) encouraged consumers to, “Turn Off Your Central Heating” and use the plug-in mini heater with the prospect of “Really Cheap Heat”. Further to that, ad (b) stated, “Gas prices have risen quickly this year” and that the mini heater was an alternative to gas for the winter. The ASA considered that consumers would therefore interpret the ads as promoting a product that provided a viable alternative to gas central heating and that, due to the cost of gas prices, provided heating more economically. We also considered that the ads presented the heater as providing an economical (“cheap”) source of heating which could effectively heat a typical room or home. This was further emphasised by the reference to the heater being “powerful” in ad (a).
We sought a view from the Energy Saving Trust. They stated that if someone wanted to heat a whole house then gas central heating, compared to single electric heaters, were preferable because gas was currently cheaper than electricity and because central heating radiators were able to heat rooms just as effectively by creating natural convection currents. They said that was especially the case with central heating with a full set of heating controls.
With regards to heating single rooms they said due to the relative price of electricity it would likely be cheaper to run one radiator from the gas central heating, than an electric heater continuously. They explained that even homes with electric heating, typically had electric storage heaters that could use the Economy7 tariff during off peak hours, which would be cheaper than the standard electricity tariff the advertiser’s product would run off. They also stated that a single small electric fan heater would be unlikely to be able to supply the amount of heat needed for a typical sized living room or kitchen. Multiple electric heaters would be required to provide comfort levels equivalent to a central heating system, in any home except a small single room apartment.
Ad (a) made no distinction between heating single rooms or a whole house and made a direct comparison with gas central heating. Ad (b) discussed heating rooms in the house, highlighted the increased price of gas and stated their product was an alternative to gas for the upcoming winter.
Ecomm Movadgency SL had produced no evidence that their product could supply the equivalent heating capabilities of gas central heating, either in a single room or in a whole house, at a cheaper price and therefore save consumers money. They had also provided no evidence that the heater delivered an economical (“cheap”) form of heating which could effectively heat a typical room or home. We understood that it was highly unlikely that a small (in this case plug-in) electric heater would be a viable source of sufficient heating for most households, and that the heat provided would not be “powerful”. We therefore concluded that the claims had not been substantiated and that the ads were misleading.
The ads breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading Advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are 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) and 3.11 3.11 Marketing communications must not mislead consumers by exaggerating the capability or performance of a product. (Exaggeration).
Action
The ads must not appear again in their current form. We told Ecomm Movadgency SL not to state or imply that their mini heater provided a viable alternative to gas central heating or that it provided economical, cheap or powerful heating, including by not repeating the claims, “turn off your central heating”, “cheap heat”,,,”powerful house heater” and “alternative to gas”, or similar claims in future. We referred the matter to the CAP compliance team.
