Advertisment
A television advertisement promoted various products, including an electric scooter and included the following statement:
“Or gift the Kaiser Baas Revo E3 electric scooter with a foldable frame, available for just €499”
On screen text during the segment advertising the Revo E3 Scooter stated:
“KB Revo E3 Electric Scooter. Large LED Screen
Max speed of up to 25km/hr
cruise control
Only €499”
The image of a gift tag beside the scooter briefly stated:
“Perfect for commuters”
Complaint
The complainant objected to the advertising on the grounds that it was misleading to advertise the scooter as being ‘perfect for commuters’ given that the legal status of e-scooters in Ireland was that they cannot be used on a public place without being taxed or insured and that it was very difficult to obtain tax and insurance for such vehicles.
Response
The advertisers stated that the reference to the product being of use to commuters was for less than 2 seconds on screen and was not included in the voiceover. They said that they had referred to its use for commuters based on guidance provided at that time and referred to the Road Traffic & Road Bills Act 2021 which was adopted in October 2021 and was expected to be legislated in January 2023, which would have made e scooters with a speed not exceeding 25kmph, allowed to be used on roads without tax or insurance in Ireland. They said that it was reasonable at the time of the advert, given government guidance and industry expectations, that the product would be considered a viable and strong choice for commuters in urban settings.
The advertisers said that advertising for the scooter was within these requirements and guidelines at the time of the advertisement and at the time, the delay in the passing of the legislation could not have been anticipated. They considered that the advertisement was contextually accurate and had not been marketed in a way which exaggerated or exploited consumers.
They said that currently, all of the electric scooter products advertised on their website provided up-to date information for consumers on current legislation and that they had information QR Codes linked to the RSA/Oireachtas guidance on the current legal position of electric scooters in-store and staff were provided with training on the sale of electric scooters to ensure they provide customers with the correct information on their use.
The advertisers said that it would not be fair to suggest that they tried to mislead consumers either at the time of the advertisement or subsequently and they have not acted irresponsibly.
Finally, they said that the supplementary wording in the advertisement was not the focus of the advertising, and they considered its use could be substantiated at the time of airing. They said that they have a strong regular review process for all their products advertised both in-store and online and the inclusion of products in print/multi-media advertising was checked thoroughly by their marketing team and changes are made when necessary if and when legislation, guidance or product specifications occur.
Further Information:
The Executive noted that the Road Traffic and Road Act 2023 was signed into law in June 2023, however, the Statutory Instrument required to bring the legislation into effect has not yet been enacted.
Conclusion
Complaint Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Committee noted that the reference to the scooter being ‘perfect for commuters’ had been shown on screen for approximately 2 seconds and had not been referenced in the voice over. The Committee noted that there had been an expectation that that an Act would be passed into law, however, this had not been completed at the time the advertisement aired. While noting that there had been no intention to mislead, it was the fact, at the time the advertisement aired, the scooters were not permitted to be used in public places without being taxed and insured. The Committee noted that the statement in the complaint that it was extremely difficult to licence, tax and insure electric scooters had not been disputed. In the circumstances, the Committee considered that at the time the advertising appeared it was misleading to suggest that the product was ‘perfect for commuters’.
The Committee therefore considered that the advertisement was in breach of Sections 4.1, 4.4, 4.9 and 4.10 of the Code.
Action Required:
The advertising should not appear in its current form again.
The Complaints Committee stated that advertising claims should not be made on expected changes in the law until such a time as the legislation is fully in place.
