Advertising Standards Agency bans misleading advert for 'independent garages' website

Updated February 2011

The Advertising Standards Agency (ASA) recently prohibited any further screenings of a TV advert for a garage listings website. The advert for the website, on which consumers can search for garages in their area, was banned on the basis that it misled viewers in relation to the independence of the scheme.

The website in question, The Good Garage Scheme, is owned and operated by engine treatment product supplier Forté Lubricants Limited (Forté). It carries details of garages across the UK that use Forté's products and have paid Forté a monthly fee to be included on the website. Although it is made clear in the terms and conditions of the website that Forté operate the scheme, the television advert did not point this out.

A viewer complained about the advert, stating that it implied that The Good Garage Scheme was an independent guide to garages, whereas in fact the inclusion of entries is determined solely by the existence of a trading relationship with Forté and the payment of a subscription fee.

Forté argued that no claims were made in the advert that the scheme itself was independent, but rather that the garages were 'independent' in the sense commonly used in the market, that is that they are not operated by a large car manufacturer.

However, despite these arguments the ASA found that the advert was misleading to consumers, who would be likely to understand from its terms that The Good Garage Scheme was entirely independent, whereas Forté has a commercial interest in which garages are selected for listing.

This adjudication from the ASA demonstrates the importance of declaring all material facts in any advertising to the public, in order to avoid allegations of being misleading. This is particularly the case in relation to services such as listings websites, which are likely to be trusted as an independent source of information by consumers unless they made aware that this is not the case.

For further information, please contact Kerry Gwyther or your regular TLT adviser. Kerry is a partner and Head of Regulatory at TLT. He regularly advises businesses in the retail sector in relation to advertising and marketing regulation as well as health & safety and environmental issues.

This publication is intended for general guidance and represents our understanding of the relevant law and practice as at February 2011. Specific advice should be sought for specific cases; we cannot be held responsible for any action (or decision not to take action) made in reliance upon the content of this publication.

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