Description:
The advertiser’s website promoted a consumer household product, claiming it runs on electricity, without fuel, and is rechargeable.
Complaint:
The complainant alleged the website ad was false and misleading because it deceives consumers in believing the product’s energy source is electricity, when in fact the product runs on gas/fuel. The complainant provided various screenshots of the advertiser’s website in support of their allegations.
Response:
In its responses to Council, the advertiser provided a couple of URL’s linking to their current website and advised that the website does not claim the product is electric. The advertiser did not address substantiation in support of the specific claims at issue.
Decision:
Council appreciated the advertiser’s responses, and considered the complaint together with the advertiser’s submissions.
First, it was unclear to Council if the product being referred to by the complainant and the advertiser, respectively, were the same product. One product appeared to contain a USB port and the other a place to include a fuel cell. One claimed the product was rechargeable through an electric charge, while the other claimed it was gas-powered.
Council noted that substantiation in support of the specific claims being made in the ad that was complained about (related to an energy-powered product) was not provided. “When you go to the website now, it is very clear that you will have to add gas, which was not in the original ads provided”, one Council member stated.
Council unanimously held that the advertisement contained inaccurate, deceptive or otherwise misleading claims which were not supported by competent and reliable evidence in contravention with Clause 1 of the Code.
Infraction:
Clause 1(a), Clause 1(e)
