Sabien feel vindicated after lengthy ASA investigation into third party complaint against their M2G technology claims

Case background

Following a two and a half year deliberation the Advertising Standards Authority (ASA) has rejected three of four points in a complaint about the content of an information sheet published by Sabien Technology.

The ASA received a single four-point complaint from a third party, which related to literature describing Sabien’s M2G intelligent boiler load optimiser and its operation in conjunction with building management systems (BMS).

 

(In June 2011 the ASA ruled in favour of Sabien on a different complaint made by the same third party).

Council adjudicated that Sabien’s ad did not breach the Code on points 1, 2 and 4 but breached the Code on point 3 which was “upheld”.

The point that was “upheld” related to the possibility of people misinterpreting information in a section of the document, despite Sabien’s use of what was acknowledged by the ASA as ‘conditional language’.

Sabien Vindicated

In its ruling, the ASA supported Sabien’s assertions that:

  • Most BMS do not directly control the firing rate of a boiler and instead simply enable or disable the boiler.
  • A BMS does not typically measure the direct flow and return temperatures of each individual boiler and it is extremely unlikely that a BMS would be programmed in this way.
  • The M2G’s use of flow and return sensors on each boiler enables it to maximise boiler efficiency. Consequently, the M2G can improve efficiency, over and above that achieved by the BMS.
  • The M2G is compatible with all types of BMS, including those with Optimum Start Control.

 

Independent Industry Expert Assessment of the ASA’s adjudication

An independent expert witness analysis was carried out on behalf of Sabien and in parallel with the ASA’s investigation by David Strong B.Sc. (Hons.), D.Phil. (Oxon.), C.Eng. FCIBSE, FEI.

Dr Strong is an internationally recognised expert in improving the energy efficiency of buildings, control systems and the effective operation and maintenance of combustion plant, concluded there was no substance to any of the points within the complaint.

To read Dr David Strong’s full report please click on the link below 

 

Further Industry Evidence

A published report by The Chartered Institution of Building Services Engineers (CIBSE) titled “The development of a dynamic model to simulate boiler controls” and letters of evidence from a world leading Combustion Management Solutions company, one of the UK’s leading commercial boiler manufacturers and suppliers and a number of blue chip private and public sector organisations were submitted to the ASA as part of a comprehensive file of evidence to support the companies claims.

Nevertheless, while accepting the fundamental engineering principles of these assertions and noting Sabien’s use of conditional language, the ASA still upheld point 3 of the complaint.

The full ruling will be published on the 23rd January 2013.

For further information on the M2G please click here

For further information on the ASA complaint dated June 2011 please click here