ASA Adjudication on Ice Energy Heat Pumps Ltd
Ice Energy Heat Pumps Ltd
Unit 2, Oakfield House
Oakfield Industrial Estate
Eynsham
Oxfordshire
OX29 4TH
Date:
1 February 2012
Media:
E-mail
Sector:
Utilities
Number of complaints:
1
Complaint Ref:
A11-163951
Ad
An e-mail for solar photovoltaic installations was headlined "Solar PV Offer for June 2011". Text under the headline "Why Solar PV?" stated "There has never been a better time to invest in solar PV for your home. The Government's Feed-in Tariff, which pays you money for generating electricity, is at the highest rate it will ever be for new entrants. In addition to this, the Feed-in Tariff is guaranteed by the Government and index-linked for 25 years, giving you the ultimate security for your investment. Not only this, but with savings account interest rates at a consistent low, solar PV represents an excellent opportunity to invest your savings and get over a 10% return."
Further down, the e-mail featured a table illustrating the payments and resultant rates of return that could be obtained by users of the feed-in tariff with between 10 and 18 panels. The rates of return started at 11.1%.
Issue
The complainant challenged whether the rates of return misleadingly implied that purchasing and installing the panels would produce either a significant or prompt return, because they understood that the cost of the panels would have to be recouped before a net financial gain could be made.
CAP Code (Edition 12)
Response
Ice Energy Heat Pumps Ltd (IEHP) said the Return on Investment (ROI) figures included within the newsletter and referred to as the basis of the complaint were accurate. They supplied a spreadsheet which detailed the calculations they had used to arrive at the figures published, referencing Ofgem and the Government Standard Assessment Procedure (SAP). They said the ROI was essentially the quotient of annual revenue stream, i.e. the total saving, divided by capital invested, i.e. final price. They said they had used the payment levels available within the Feed-in-Tariff (FiT) and the cost of their products and pricing to determine the ROI. They said they had based the generation on a south-facing roof with 35-degree pitch, the FiT at 43.3p per unit generated, export tariff at 3.1p and usage at 10p per unit and that those variables were also displayed within the email.
IEHP said it was common in the industry for the purchase of solar panels and the consequent benefits from the FiT to be described as an investment.
Assessment
Upheld
The ASA noted that the ad featured a table which gave the different sizes of solar array, their prices and the corresponding annual payment from the FiT. We understood from the response provided by IEHP that the total annual benefit figures had been calculated in line with the government SAP and that the ROI figures given were accurate expressions of the annual benefit as a percentage of the outlay. We therefore considered that the ROI percentages had been substantiated.
We understood, however, that the complainant was concerned that the ROI figures, of 11.1% and upwards, gave the misleading impression that the financial gains to be had from the product were more immediate than they actually were because the cost of the solar panels would have to be recouped before the FiT could convey any financial gains.
We understood that the purchase of the solar panels was a capital outlay, the primary financial benefit of which was to be found in the repayments conferred by the FiT. We noted that taking the figures in the ad at face value, which were based on an optimum panel configuration, it would take nine years before the cost of the panels was recovered and the FiT started to confer an overall gain. Although we understood that the percentages were an accurate expression of the annual FiT payment relative to the cost of the product, we considered that the meaning of the term ROI and the relevance of the percentages would not necessarily be readily understood by all readers, some of whom were likely to understand them as comparable to interest rates, and infer that the purchase of the solar panels would begin to confer net financial gains soon after they were installed.
Because we considered that the ROI claim and the percentages implied that consumers would experience prompt financial gains from the product, when that was not in fact the case, we concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1, 3.3 (Misleading advertising) and 3.7(Substantiation).
Action
The ad must not appear again in its current form. We told IEHP to ensure that, when using ROI percentages, they made clear that the cost of the product would need to be recovered before overall financial gains could be made.
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