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Protec (Great Britain) stops misuse of OFT name

PN 110/03     6 August 2003

Protec (Great Britain) Limited has agreed to stop using the OFT's name in its marketing material.

The company's website misleadingly referred to 'Office of Fair Trading' posters which could be downloaded together with a copy of an OFT car servicing checklist. The promotional posters weren't produced by the OFT and promoted Protec (Great Britain) and associated garages. They claimed that cars were serviced 'in accordance with the guidelines set by the OFT'. The posters implied that the OFT recommended to garages what should be included in a service and in particular, that the OFT recommended the removal of internal contamination from engines, thereby promoting the use of Protec (Great Britain)'s products. In fact, the OFT does not recommend products or what should be included in a service. The OFT checklist was designed only as guidance for consumers to enable them to compare what different garages offered as part of a car service. It was not intended as a standard which garages should meet.

In addition, Protec (Great Britain)'s advertising gave the impression that the company - as well as the individual garages displaying the posters - were implicitly approved or endorsed by the OFT. The OFT does not approve any businesses.

The company has agreed to remove all promotional material containing the OFT's name and agreed not to make any similar misleading claims about the OFT in future. Misleading posters being used by Protec (Great Britain)'s customers are also being removed immediately.

Welcoming the undertakings, OFT Executive Director Penny Boys said:

'The OFT takes misuse of its name very seriously and will not tolerate claims that it approves or recommends specific products or services. We will continue to take action to protect the OFT against misuse of its name.'

NOTES

1. The OFT previously took action against Forte Lubricants Ltd to stop the misuse of its name and logo in marketing material - see PN 73/03.

2. The Control of Misleading Advertisements Regulations 1988 (as amended) came into force on 20 June 1988 implementing an EC Directive on misleading advertising. The regulations aim to protect the interests of consumers and businesses from misleading advertising - or advertisements that make prohibited comparisons.

'Advertisement' means any form of representation that is made in connection with a trade, business, craft or profession in order to promote the supply or transfer of goods or services, immovable property, rights or obligations.

3. The role of the OFT under the Regulations is to support and reinforce existing controls, not to replace them. The Regulations give the OFT the power to step in if the public interest requires that advertisements complained of should be stopped by a court injunction. Alternatively, the OFT can seek undertakings or assurances.

4. Later this year, the OFT expects to give public approval to some consumer codes of practice under the OFT's Consumer Codes Approval Scheme. The approval will attach to codes, not to businesses. The core criteria set in this Scheme aim to ensure that codes are effective in promoting and safeguarding consumer interests. The core criteria cover the organisation of the code sponsor, the preparation and content of the code, complaints handling, monitoring, compliance and publicity. A code sponsor must prove its code meets these criteria before the OFT will approve it. Once a code is approved, the OFT will promote it to consumers.

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