A complaint brought by Kubota about an advertisement in which JCB claimed its Mini Excavator was the “UK’s best selling mini” has been upheld by the Advertising Standards Authority (ASA).
Having assessed all of the available information, including the market research JCB said backed up their claims, the ASA determined that the ad breached codes pertaining to substantiation, truthfulness and comparisons.
According to the ASA assessment, the advertisement, published in September 2007, relied on data from 2006. And that in fact, “independently verified data for 2007 produced by JCB’s preferred market research company closely matched Kubota’s data for that year, and both showed Kubota were market leaders in 2007.”
The authority concluded that, “by relying on 2006 data, JCB had selected elements of the comparison in such a way as to give them an artificial advantage.”
JCB have offered assurances that the ad will not be repeated.