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Home Rulings HONDA / VEHICLE / AVESH RAMBRU / 2018 - 8193F

HONDA / VEHICLE / AVESH RAMBRU / 2018 - 8193F

Avesh Rambru lodged a consumer complaint against the Respondent’s Facebook   advertising promoting its Honda HR-V.

The advertising shows an advanced multimedia centre with multiple features such as "radio”, "BT phone”, "iPod” etc.

COMPLAINT

The Complainant submitted that the radio advertised on the vehicle is not what is supplied with the vehicle. 

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint Clause 4.2.1 of Section II (Misleading claims) was taken into consideration.

RESPONSE

The Respondent was afforded an opportunity to respond to the complaint and the response was not forth coming.


ASA DIRECTORATE RULING

The ASA Directorate has rule based on the information at its disposal. Since the Respondent did not file its response, the matter will be considered on the basis that the Respondent is not a member of the ASA and therefore did not consent to the ASA’s jurisdiction. 

Jurisdiction

In The Advertising Standards Authority v Herbex (Pty) Ltd (902/16) [2017] ZASCA 132 the Supreme Court of Appeal found, inter alia, that:

1.1 the Advertising Standards Authority of South Africa (the ASA) has no jurisdiction over any person or entity who is not a member of the ASA and that the ASA may not, in the absence of a submission to its jurisdiction, require non-members to participate in its processes, issue any instruction, order or ruling against the non-member or sanction it;

1.2 the ASA may consider and issue a ruling to its members (which is not binding on non-members) on any advertisement regardless of by whom it is published to determine, on behalf of its members, whether its members should accept any advertisement before it is published or should withdraw any advertisement if it has been published.

The ASA will therefore proceed to consider this matter for the guidance of its members. 

Merits

The Complainant submitted that the radio supplied on the advertised motor vehicle is not the one that is advertised. The Complainant supplied the Directorate with the Respondent’s Facebook response to his query, wherein the Respondent wrote: "We would like to apologise for any confusion around the features of this particular model. We have taken your concerns on board and will be refreshing our content to reflect the models currently available in South Africa. Should you have any queries please contact us at care@honda.co.za”

The Respondent was afforded an opportunity by the Directorate to respond, as the Complainant alleged in his complaint that the Respondent continued to advertise Honda HR-V with the offending radio despite its above undertaking. 

From the material before the Directorate it appears that the advertised radio is indeed not available with the advertised model. 

Given the above, the Directorate finds that the Respondent’s advertising to be misleading and therefore it is in breach of Clause 4.2.1 of the Section II of the Code. 

 Members of the ASA are instructed not to accept this material.




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