Ad description
A website for the Ford Focus RS, www.ford.co.uk/Cars/New-Focus-RS, seen on 8 June 2016, stated “350 PS, 167 mph top speed and 1g [sic] of lateral acceleration. The 2.3-litre EcoBoost powered New Focus RS delivers some impressive statistics. All are enhanced by a series of advanced performance technologies, including All-Wheel Drive, Launch Control, selectable Drive Modes”. Under the subheading “Maximum cornering control”, text stated “Ford Performance all-wheel-drive (AWD) with Dynamic Torque Vectoring Control delivers over 1g [sic] of lateral acceleration, plus exceptional grip and ultra-precise handling when you’re powering through corners. The system employs twin electronically controlled clutch packs to help balance engine torque between the rear wheels to suit the road surface and driving conditions. And this intelligent technology also enables you to enjoy controlled oversteer drifts on track days”.
Issue
The complainant challenged whether the ad, and particularly claims such as “1g [sic] of lateral acceleration” and “Launch Control”, made speed the main message of the ad and depicted speed in a way that encouraged motorists to drive irresponsibly.
Response
Ford Motor Company Ltd said that the main strapline of the ad was the price of the vehicle, rather than its performance, and the content of the web page explained the features of the vehicle that were available – the Focus RS was a multi-purpose vehicle for use on roads and track – and the features covered in the ad related to that.
Ford explained that “Dynamic Torque Vectoring Control”, which enabled better control when cornering, had been a feature of many Ford vehicles for a number of years. They said the 1g of lateral acceleration referenced in the ad was an accurate statistic which enabled consumers to appreciate the amount of grip and handling through corners. They said that “Ford Performance” was a division of Ford, and “All-Wheel Drive” was as much a safety and driveability feature as one for performance. They further said that “Launch Control” was a specification used by the driver to avoid wheel spin and undue tyre wear, and to enable controlled acceleration from a stationary position.
Ford said that the only depiction of ‘speed’ on the web page was an image which showed the car on a rough tarmac road, kicking up dust behind it. They highlighted that this shot showed the vehicle being driven off-road rather than on a public highway.
Assessment
Not upheld
The ASA understood that the Ford Focus RS was one of a small number of performance vehicles in Ford’s ‘Ford Performance’ division and that modified versions of the Focus RS were used for rally racing. We understood that the key characteristics which differentiated the Focus RS from the basic Focus and Focus ST models were features which enhanced its top speed, acceleration, road holding and handling.
CAP Code rule
19.4
19.4
Marketers must not make speed or acceleration the main message of their marketing communications. Marketing communications may give general information about a vehicle's performance, such as acceleration and mid-range statistics, braking power, road-holding and top speed.
required that marketers must not make speed or acceleration the main message of their ads, although ads may give general information about a vehicle’s performance, such as acceleration and mid-range statistics, braking power, road-holding and top speed. CAP Code rules
19.3
19.3
Marketing communications must not depict speed in a way that might encourage motorists to drive irresponsibly or to break the law.
To avoid the implication of irresponsible driving through excessive speed, care must be taken in the style of presentation of marketing communications. Particular care must be taken in, for example, cinema commercials and in marketing communications that appear in electronic media to avoid moving images that imply excessive speed. If they are shown in normal driving circumstances on public roads, vehicles must be seen not to exceed UK speed limits.
and
19.2
19.2
Marketing communications 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.
further required that ads must not depict speed in a way that might encourage motorists to drive irresponsibly or to break the law, and that ads must not condone or encourage unsafe or irresponsible driving.
We noted the first line of text after the strapline “NEW FORD FOCUS RS FROM £31,000” stated the power, top speed and lateral acceleration figures for the car and that the rest of the information on the web page explained the various features of the car that distinguished it from standard Focus models and which in that context highlighted its potential for use on track days. While the image of the car kicking up dust gave the impression that the car was being driven at speed, we noted it was clearly not on a public road. We considered that another image of the car shown cornering on a public road did not give the impression that the car was being driven at speed, nor that it was cornering in a dangerous way.
We considered that, on balance, while the ad gave general information about the vehicle’s performance characteristics it did not particularly emphasise speed or acceleration, and we therefore concluded that speed or acceleration were not the ad’s main message. We also considered the ad did not depict speed in a way that might encourage motorists to drive irresponsibly or to break the law, or condone or encourage unsafe or irresponsible driving.
We investigated the ad under CAP Code (Edition 12) rules
1.3
1.3
Marketing communications must be prepared with a sense of responsibility to consumers and to society.
(Responsible advertising), and
19.2
19.2
Marketing communications 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.
19.3
19.3
Marketing communications must not depict speed in a way that might encourage motorists to drive irresponsibly or to break the law.
To avoid the implication of irresponsible driving through excessive speed, care must be taken in the style of presentation of marketing communications. Particular care must be taken in, for example, cinema commercials and in marketing communications that appear in electronic media to avoid moving images that imply excessive speed. If they are shown in normal driving circumstances on public roads, vehicles must be seen not to exceed UK speed limits.
and
19.4
19.4
Marketers must not make speed or acceleration the main message of their marketing communications. Marketing communications may give general information about a vehicle's performance, such as acceleration and mid-range statistics, braking power, road-holding and top speed.
(Motoring), but did not find it in breach.
Action
No further action necessary.
