ASA Adjudication on KMC Chain Europe BV
KMC Chain Europe BV
Business Park Friesland West 33
8466 SL Nijehaske
The Netherlands
Date:
3 February 2010
Media:
Magazine
Sector:
Employment
Number of complaints:
1
Complaint Ref:
110900
Ad
An ad in a specialist cycling magazine, for bicycle chains, was headlined "KMC X10SL Gold". It showed an image of a cyclist winning a race while text stated "The light weight champion!". The ad showed a picture of female cyclist Emma Johansson and text alongside stated "Olympic medallist and World Cup winner Emma Johansson chooses KMC X10SL Gold. Emma Johansson: 'Details makes [sic] the difference between the podium or nothing. KMC is the most innovative in chain technology and makes the difference with their X10SL Gold; optimal shifting performance and its extreme light weight. KMC Chains are simply the best'".
Issue
Emma Johansson's management team challenged whether:
1. the ad was misleading, because she did not endorse KMC's products, and
2. the testimonial was genuine.
CAP Code (Edition 11)
Response
1. & 2. KMC Agencies Ltd (KMC) said they had sponsored the Red Sun Cycling team that Emma Johansson belonged to and that she was pictured in the ad riding with that team and using a KMC gold chain. They said Emma had been part of the Olympic AA-Ladies Cycling team who had also been sponsored by KMC.
Assessment
1. & 2. Upheld
The ASA noted KMC had not demonstrated that the testimonial in the ad was directly attributable to Emma Johansson or that she had given permission for her image or name to be used. Because KMC had not demonstrated that Emma Johansson endorsed the product or that the testimonial was genuine, we concluded that the ad was likely to mislead.
The ad breached CAP Code clauses 3.1 (Substantiation) 7.1 (Truthfulness) and 14.1, 14.4 and 14.5 (Testimonials and endorsements).
Action
The ad should not appear again in its current form. We told KMC to ensure it had permission from individuals before using their image or implying they endorsed their products.
Adjudication of the ASA Council (Non-broadcast)
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