Advertising Standards Bureau Review of Operations 2014 | Page 63
Claims Board determination - Upheld - Filling
a bath to 650C was misleading as it was unrealistic
such a temperature would be emitted into a bath
or that a householder would not check or adjust
the temperature. It was misleading to represent
that a temperature of 380C was in any sense
guaranteed, as human intervention is still required
to set this temperature. It was extremely unlikely
that a temperature of 650C would be available in
household situations in view of plumbing codes.
Issue raised by complainant - The statement
“Safe temperatures every time” in point of sale
material was misleading as described above.
Claims Board determination - Upheld – As
consumer intervention is needed on every
occasion (which may be unlikely) to ensure the
‘safe’ temperatures alleged by the Advertiser, the
statement is misleading.
Issue raised by complainant - Web page claims
that electric storage water heaters “continuously”
use power, were “low efficiency” and “always on,
using energy to heat water even when not in use”
were untrue and misleading.
Claims Board determination - Upheld – Claims
that electric storage water heaters ‘continuously’
use power are incorrect as the evidence suggests
electricity is only used when the element is
heating. Claims that these products suffered from
‘low-efficiency’ were not supported by evidence
provided and were therefore misleading.
Issue raised by complainant - The web page
claim the Product “runs on cheaper, cleaner,
natural or LP Gas” was misleading as LP gas is
around 2 or 3 times more expensive than natural
gas across Australia and running the Product on
LP Gas was more expensive than running an
electric storage water heater.
Claims Board determination - Upheld - The
claim was false and misleading as running the
product on LP Gas would be more expensive than
electricity. It was noted this point was conceded
by the advertiser, who agreed to change any such
claims to remove any reference to LP Gas.
Review of Operations 2014
Issue raised by complainant - The Savings
Calculator on the Advertiser’s website was
misleading as the amount is calculated using
a favourable Victorian tariff from one energy
supplier, with such savings unlikely to be achieved
in other States.
Claims Board determination - Upheld -The
savings represented were misleading. The
inclusion of the statement “read about how we
calculate this” was insufficient to avoid consumers
being misled.
Issue raised by complainant - The reference
to a 12 year warranty in a TVC was misleading
because only one component of the product was
covered by the warranty, while other parts and
labour were covered by a three year warranty.
Claims Board determination - Upheld –The
Board agreed this was misleading.
The superimposition of text “see website for
details” was insufficient to avoid consumers being
misled or deceived.
Issue raised by complainant - Comparisons in
a TVC with gas continuous hot water systems
labelled ‘cheap’ were misleading as the ‘cheap’
products depicted bore no resemblance to the
vast majority of competing products. Similar
representations were also made in a webpage
under the heading “Cheap Hot Water Unit”.
Claims Board determination - Upheld - The
Board agreed that the ‘cheap’ product is not
representative of the majority of competing
brands and, as a result, the various representations
made in this regard were also misleading and
deceptive. The representations did not amount
to a breach of section 1.3 as the Board was
not provided with evidence enabling it to
determine the representation would be likely
to cause any damage to the complainant or any
other competitors.
Issue raised by complainant - The claim “Burner
won’t run at low tap flow rate so water may run
cold” was not supported by testing relied on by
the advertiser.
Claims Board determination - Upheld –The
evidence indicated that water may run cold at
low flow rates for all units in the test report and
virtually at the same levels and as such the claim
was misleading and deceptive.
The Board was not satisfied the representations
amounted to a breach of section 1.3 of the Code.
Issue raised by complainant – Comparative
claims representing that “most [other products]
need costly wiring” while the product requi res “no
wires or holes” were misleading because they were
silent on the need for a power point or additional
work that may be required in providing gas
connections to a home.
Claims Board determination - Upheld - As all
hot water systems require some sort of fittings
(gas, water, power etc), not to show these on the
product at all was misleading.
Issue raised by complainant – Claims
representing the solar product as “lighter, cheaper
and easier to install” were misleading as they have
relatively higher installation costs compared with
electric storage water heaters.
Claims Board determination - Upheld –The
representations were misleading and deceptive
as the evidence provided indicated that the
product (including the solar version) would in
fact have higher installation costs than those of
an electric storage water heater, particularly in a
replacement situation.
The advertiser confirmed it had modified its
promotional material in accordance with the
Claims Board determinations.
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