ASA Adjudication on Royal National Lifeboat Institution

Ad

An ad in a specialist fishing magazine for MOB Guardian, a locator device used to help find people who fall overboard at sea, showed two photographs. The first showed a man being pelted by waves alone in an open sea calling out with his arm raised; text superimposed onto the photograph stated "LOST". The second photograph depicted the same scene; on this occasion the man had a device strapped to his clothes from which signal rays appeared to emanate. Text stated "FOUND". Text below the photographs stated "IF YOU OR YOUR CREW FALL OVERBOARD, WHO WILL KNOW WHERE TO LOOK? … YOURS FOR AS LITTLE AS £315* + VAT". The asterisk was linked to text that stated "*GROSS VAT = £220.50. Current prices held until 31/03/2008". The ad also included the MOB Guardian logo, which featured emanating signal rays similar to those used in the photograph.

Issue

Marine Rescue Technologies Ltd believed the ad was misleading because:

1.  it implied the MOB Guardian would continue to emit a signal once an individual had fallen into the water, whereas they understood that it transmitted only while the wearer remained within range of the base unit on board; and

2.  it did not make clear that the price advertised, £315 plus VAT, was based on substantial discounts that were provided if the system was installed for a minimum term of six years and if an obligatory annual air time agreement fee of £240 plus VAT was paid.

CAP Code (Edition 11)

Response

1.  The Royal National Lifeboat Institution (RNLI) said they did not believe the ad implied the MOB Guardian Personal Safety Devices (PSD) emitted an ongoing locating signal.  They explained that the product was deliberately designed not to function in that way, but instead activated an alert when contact with the on-board base station was broken either by water immersion or vessel proximity.  In the event of a man falling overboard, an alert was received by shore based agencies such as the RNLI or HM Coastguards typically within three minutes, which gave the precise GPS location of the MOB Guardian PSD wearer at the time when the radio signal connected to the on-board base unit was lost together with other key information such as the course of the vessel, its speed and position.  They said the system enabled a man overboard to be located very quickly and accurately.  

The RNLI explained that one of the main markets for MOB Guardian was lone fishermen and said, in their view, the ad suggested that a fisherman who fell overboard significantly increased his chances of being found alive if he had an MOB Guardian fitted and wore a PSD.  They further explained that the image should be viewed in conjunction with the claim "IF YOU OR YOUR CREW FALL OVERBOARD, WHO WILL KNOW WHERE TO LOOK?" and the image and claim together relayed the message that the RNLI and HM Coastguard would know exactly where to look when an alert was received.  

They added that many of the ad's readers- fishermen, vessel owners, skippers and fishing associations - had received information about the MOB Guardian for over two years and were aware of its operational method and capabilities.  They, therefore, would not be misled by the ad.  In addition, they pointed out that the ad was one of a pair of ads that featured in the same magazine, the second of which clarified exactly how the MOB Guardian functioned.  They explained that both ads had been, and would be, published together and should, therefore, be viewed in conjunction with each other.  They submitted the second ad for the ASA's attention.  

2.  The RNLI said they did not believe an explanation of how the price of £315 was arrived at was required in the ad.  This was partly because that advertised price was reliant on a grant from Defra as well as the RNLI, an arrangement which had been in place and communicated to the fishing industry for over two years.  They further explained that all of the relevant information relating to funding structure and other terms and conditions of sale, including the requirement to use the equipment for six years, were stated clearly on the official MOB Guardian order form, which meant that anyone wishing to make a purchase would be aware of the full cost before signing their agreement; the form was available on request or could be downloaded online. They further pointed out that the MOB Guardian could not be bought via retail outlets and so consumers could not be misled by any immediate incorrect interpretation of the ad.

They said, however, to try to explain the breakdown of the advertised price, they would be willing to amend the ad to include text that clarified that the cost was reliant on discounts and subsidies from the RNLI and Government bodies and that an annual airtime contract of £240 plus VAT was also payable.

Assessment

1.  Not upheld

The ASA noted the complainants' concern that the ad implied the MOB Guardian continued to emit a signal from the PSD wearer following a man overboard alert.  We understood that this was how the complainants own locator device worked.

While we appreciated that concern, we noted the 'emission' symbol used in the photograph was actually part of the MOB Guardian logo and considered that the main message readers would take from the ad, when read in isolation, was that the device was a man overboard locating system and not necessarily an indication of precisely how the product worked.  In addition, the ad formed only part of the total marketing material from RNLI as it appeared together with a second ad in the same publication.  The second ad, which was separated from the first by two pages, was also headlined "IF YOU OR YOUR CREW FALL OVERBOARD, WHO WILL KNOW WHERE TO LOOK?" and continued with text which explained that an alarm was sounded on-board and a signal sent to the emergency services the moment a man fell overboard.  We considered, therefore, that if readers did misinterpret the meaning of the image in the first ad, the second ad, which always appeared in the same publication, clarified how the MOB Guardian operated and did not infer that an ongoing locating signal was emitted from the PSD.

We concluded that, on balance, the ad was unlikely to mislead in this regard.

On this point, we investigated the ad under CAP Code clause 7.1 (Truthfulness) but did not find it in breach.

2.  Upheld

We noted the MOB Guardian Registration and Order Form, which was available on request or to download online, explained the breakdown of costs and showed that the final price of £315 was exclusive of VAT and reliant on an EU grant and RNLI Trust subsidy.  We also noted the ad stated "... £315 + VAT" and the cost of the VAT, £220.50, was clearly quoted.  We further noted that the second ad contained the same pricing information.  We understood, however, that the system could only be provided on the condition that it would be installed and used for a period of six years and that, throughout this time, an obligatory annual airtime contract fee of £240 was payable.  We considered that the supplementary cost incurred throughout this period was a significant sum, which was likely to influence consumers' decision to purchase, and it should, therefore, have been clarified in at least one of the ads if not both.  We concluded, therefore, that the ad was likely to mislead in this regard.

We welcomed RNLI's willingness to include further information in their marketing to clarify the cost of the MOB Guardian and advised them to consult with the CAP Copy Advice team for guidance.

On this point, the ad breached CAP Code clauses 7.1 (Truthfulness), 15.1 and 15.3 (Prices).

Action

We told RNLI to ensure that all significant costs were clarified in future marketing for the MOB Guardian.

Adjudication of the ASA Council (Non-broadcast)