Household

The advertisement appeared on the advertisers’ own website and promoted their Burn & Glow Lignite Coal. The webpage featured an image of the product as well as a written description:

“This Burn & Glow Lignite Coal has been quality assured to heat up your home. This is perfect for topping up fires and multi fuel stoves. Ideal for all year round use, they have a high heat output and a long burning capacity. They’re also virtually smokeless and an environmentally friendly option.”

The complainant considered that the claim “environmentally friendly” was unsubstantiated and false. They said that fossil fuels were not environmentally friendly as they increased the concentration of the greenhouse gas carbon dioxide into the atmosphere.

Furthermore, the complainant said that burning solid fuels, especially in an open grate, was one of the most polluting and inefficient ways to heat your home. They said that even so-called “smokeless fuels” emitted fine particulates which were particularly damaging to human health and were causing concern in relation to air quality in Ireland.

The complainant referred to information from the Environmental Protection Agency (EPA) website to support their comments (1)

(1) https://www.epa.ie/environment-and-you/air/air-pollutants/

The advertisers said that the advert featured the statement that the Burn & Glow Lignite Coal was “virtually smokeless and an environmentally friendly option” as the product complied with the Air Pollution Act 1987 (Solid Fuels) Regulation 2022 (2022 Regulations) in so far as it:
i. Had an emission rate of less than 10 grams per hour; and
ii. Had a sulphur content of less than 2% by weight on a dry ash-free basis.

Furthermore, the advertisers said that the packaging of the product complied with the labelling provisions of the 2022 Regulations in so far as it stated that the ‘contents comply with the Air Pollution Regulations.’ They said they were therefore of the view that the product did comply with the 2022 Regulations. The advertisers said that in any event, they had ceased the advertising campaign in relation to the product.

Complaint Upheld.

The Independent Complaints Council considered the detail of the complaint and the advertisers’ response. They noted that the advertising campaign for the product had ceased.

The Council noted that the claim “environmentally friendly” was an absolute claim. They noted the Code requirement that environmental claims should not be used without qualification unless advertisers can provide substantiation that their product will cause no environmental damage and that absolute claims should be supported by a high level of substantiation (15.02).

While noting the commentary that the product had an emission rate of less than 10 grams per hour and had a sulphur content of less than 2% by weight on a dry ash-free basis, , as an absolute claim for which no evidence had been provided, the Council considered that the reference to the product being “environmentally friendly” had the potential to mislead consumers.

The Complaints Council considered that the advertisement breached the Code at sections 4.01, 4.04, 4.09, 4.10, 15.02.