Background
Summary of Council decision:
Three issues were investigated, all of which were Upheld.
Ad description
A magazine ad, a website, and an eBay product listing for Fuel Diamond, seen during November 2021:
a. The magazine ad featured the headline claim “IT’S HERE 10% ETHANOL FUEL DIAMOND”. Further text stated, “PREVENT DAMAGE. STOP STALE FUEL” and “… Neutralise the ethanol in petrol”. Their website URL and details of how to order and pay were included.
b. The homepage of the website www.fueldiamond.co.uk, stated, “Stop Stale Petrol! The Fuel Diamond … preventing the petrol … from going stale … Increasing amounts of ethanol in petrol risk damaging your fuel system … The Fuel Diamond prevents this emulsification, protecting your whole fuel system”.
c. The eBay product listing included the product name “CLASSIC MOTOR BIKE NO ETHANOL PROBLEMS WITH A FUEL DIAMOND STOPS STALE PETROL”. In the product description text stated “… THE FUEL DIAMOND REDUCES THE RISK OF THE PETROL IN YOUR FUEL TANK GOING STALE …”.
Issue
The complaint challenged whether the following claims were misleading and could be substantiated:
1. “PREVENT DAMAGE” in ad (a), and the similar implied claims in ads (b) and (c);
2. “Neutralise the ethanol in petrol” in ad (a) and similar implied claims in ads (b) and (c); and
3. in ads (a), (b) and (c) that the product could stop or prevent fuel/petrol from going stale.
Response
Sussex Promotions t/a Fuel Diamond (Sussex Promotions) stated that their product prevented fuel from going stale by preventing bacteria forming in the moisture that was found in both petrol and diesel fuel tanks. They said that the bacteria produced a fungus in diesel and an acid in petrol which caused problems.
They provided a list of 53 articles, 35 of which they provided in abstract form or with a brief paragraph of information. The articles primarily appeared to discuss the properties, effects and toxicity of antimony, other metalloids, heavy metals and other substances in different natural environments such as soil and water. However, Sussex Promotions did not explain how those articles related to their product or substantiated their advertising claims.
Sussex Promotions confirmed that they had been in contact with the magazine publisher to have ad (a) removed.
Assessment
1., 2. & 3. Upheld
The ASA understood that fuel left in a petrol tank deteriorated over time, leading to stale fuel, which could result in issues for vehicles such as a loss in engine power. We also understood that the ethanol in petrol over time also led to problems within vehicles such as corrosion in fuel tanks and damage to other parts of the vehicle.
Ad (a), which appeared in Classic Car Weekly magazine, included the claims “PREVENT DAMAGE”, “STOP STALE FUEL”, “Ethanol rots your Fuel Line/Tanks/Pumps …” and “Neutralise the ethanol in petrol”. We considered readers of that magazine would be aware that fuel deteriorated over time and that when left in fuel tanks it could cause damage to vehicles. In that context, we considered they would understand the claims to mean that the Fuel Diamond product could prevent fuel from going stale and neutralise the ethanol in it, which would prevent damage being caused.
Ad (b), the Fuel Diamond website, included the claims “Stop Stale Petrol!”, “Increasing amounts of ethanol in petrol risk damaging your fuel system” and “Fuel Diamond prevents this emulsification, protecting your whole fuel system”. We considered that consumers would understand the claims to mean that the Fuel Diamond product could prevent fuel from going stale and help prevent damage resulting from the ethanol in petrol.
Ad (c), the product listing on eBay, included the claim “NO ETHANOL PROBLEMS WITH A FUEL DIAMOND STOPS STALE PETROL” in the product listing title. A product description further down the page was headed “PREVENT ETHANOL PROBLEMS AND PROTECT AGAINST E5 E10 E15” and included further similar claims about preventing stale fuel and emulsification. We considered that consumers would also understand from ad (c) that the Fuel Diamond could prevent fuel from going stale and help prevent damage resulting from the ethanol in petrol.
We reviewed the list of articles provided to support the claims. Sussex Promotions had not provided any of them in full and they therefore were not adequate to substantiate any advertising claims. Furthermore, none of them related to the Fuel Diamond product and Sussex Promotions had not provided any explanation as to how they were relevant to supporting the claims in the ad.
In the absence of evidence demonstrating that the Fuel Diamond could prevent stale fuel or neutralise ethanol, and therefore prevent associated damage to vehicles, we concluded that the claims in the ads had not been substantiated and were misleading.
Ads (a), (b) and (c) breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising) and 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).
Action
Ads (a), (b) and (c) must not appear again in the forms complained of. We told Sussex Promotions t/a Fuel Diamond not to make claims that the Fuel Diamond could prevent fuel/petrol from going stale or neutralise ethanol and therefore prevent damage to vehicles, or any similar claims, unless they held adequate substantiation to support them.
