Dyson has successfully complained to the Advertising Standards Authority (ASA) about an Electrolux advert claiming that its vacuum cleaner “surpasses the suction power of the leading upright in the UK by 50%, giving your customers an intense deep clean”. The ASA ruled that the article breached the provisions of the CAP Code, which is the set of guidelines regulating non-broadcast advertising in the UK.

Even though Dyson was not mentioned in relation to the advert, it complained on the basis that its DC14 was the leading upright referred to, something which was not challenged by Electrolux. Electrolux had commissioned independent tests to support its claims before producing the advert, as required by the CAP Code, and produced certification to prove that the suction power of its product was far superior to that of any comparable product. The ASA accepted this evidence, but disagreed with Electrolux’s conclusion. The ASA obtained expert advice demonstrating that suction alone did not determine cleaning performance, but the effectiveness of a brush roll or agitator to loosen dirt, and then the product’s airflow to transport it, were more significant.

The ASA ruled that the wording of the advert was such that it claimed the “intense deep clean” was as a result of the suction power and therefore far better than other vacuum cleaners. As Electrolux had not conducted tests in relation to the relative cleaning power of different vacuum cleaners, it could not substantiate this claim and so breached the CAP Code.

This highlights the need to be careful to ensure that an advert’s conclusion can be supported, rather than just the basis for that conclusion, and advertisers need to be careful that an advert’s claims are covered in their entirety by the testing done to support them.

In many cases, the worst consequence of breaching the CAP Code is the adverse publicity generated, but here Dyson has had a double victory in this regard. Not only has one of its main competitors been given a public slap on the wrist for claiming to be better than it can prove to be, but it has emerged that Electrolux acknowledges that “the leading upright in the UK” is Dyson’s product.

Posted: July 14th, 2008 under Competition Law & Regulatory.
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