ASA complaint not upheld

Date: 22 June 2011

Media: Internet (on own site)

Sector: Business

Number of complaints: 1

Complaint Ref:150581

Ad

A website video for an intelligent control system for commercial heating and cooling systems showed how these systems operated with and without the intelligent control system.

Issue

MilTec System Design challenged whether the video misleadingly implied that all boilers with Building Management System (BMS) control idled at a full temperature of 80°C.

Response

Sabien Technology Ltd (Sabien) said that the boilers, temperatures and additional controls such as BMS that featured in the video were illustrative examples only. They said the ad did not claim that these examples were indicative of all BMS systems.

Sabien pointed out that the video stated "The building in this example has a BMS in place, which controls the various heating requirements of the building." They said the text "in this example" made it clear that the example did not refer to all boilers, or indeed all boilers with a BMS. They said they used a set point of 80°C in the video to reflect the industry standard for the operating temperature of boilers. They said the examples used by them in the ad were therefore in line with industry guidance and not misleading.

Sabien said the example in the video clearly showed a boiler firing to meet the set point of 80°C, before it stopped firing and became idle; it then showed the temperature drop to 77°C, before re-firing to reach 80°C again. They said therefore the ad did not show boilers idling at 80°C.

They said the video did not make any comparisons with any competing products, but only showed how the M2G product would operate on boilers with or without existing controls such as BMS or weather compensation.

Assessment

Not upheld

The ASA noted the information submitted by MilTec System Design in support of their assertion that not all boilers with BMS control idled at 80°C. However, we also noted that before the example in the video was shown text stated "The building in this example has a BMS in place". We considered that the average viewer would infer from this text that the video was providing an illustrative example and was not claiming that all boilers behaved in exactly the same way. Because we considered that the video provided an illustrative example and made no claim that all boilers with BMS control idled at 80°C, we concluded that the ad was not misleading.

We investigated the ad under CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.7 (Substantiation) and 3.38 (Other comparisons) but did not find it in breach.

Action

No further action necessary.

Adjudication of the ASA Council (Non-broadcast)

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