Kubota complaints about JCB Sales adverts upheld by the Advertising Standards Authority 
(21/07/2008)
Complaints brought by Kubota (UK) Ltd about two advertisements for mini excavators placed by JCB Sales Ltd have been upheld by the Advertising Standards Authority (ASA).
Kubota disputed a headline in one JCB advertisement, published in 2007, which read 'The UK's best selling minis'. After assessing all of the available information, including the market research JCB said backed up their claim, the ASA determined that the advertisement breached codes pertaining to substantiation, truthfulness and comparisons.
In its adjudication, the ASA said that JCB had relied on sales data from 2006. "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," it declared.
The ASA added that by relying on 2006 data, "JCB had selected elements of the comparison in such a way as to give them an artificial advantage."
A second advertisement, published in 2008, claimed that JCB's 2 tonne 8020 machine was the heaviest mini excavator that could be legally towed with a standard 4 x 4 vehicle.
The ASA agreed with Kubota that it is the heaviest mini produced by JCB which could be legally towed, and that 3.5 tonne gross weight is the legal maximum. Other manufacturers' machines, such as Kubota's 2.5 tonne U25-3 model, could therefore be legally towed.
Following the adjudications JCB Sales Ltd agreed not to publish the first advertisement again and to amend and correct the second advertisement.
Kubota Sales and Marketing Manager, Richard Harrison, said: "We are obviously pleased that the Advertising Standards Authority has ruled in our favour on both complaints, and that JCB has agreed not to repeat the two misleading advertisements in future."
Related categories: Earthmoving and Hauling
