Newsroom

Forte Lubricants stops misuse of OFT name

PN 73/03     9 June 2003

Forte Lubricants Ltd has agreed to stop using the OFT's name and logo in its marketing material.

The company had been using the OFT's car service checklist in its promotional material, implying that the OFT recommended to garages what should be included in a service. In particular, it implied that the OFT recommended the use of a fuel system cleaner and an engine oil flush - thereby promoting the use of Forte Lubricants' products. In fact the checklist is designed only as guidance for consumers to enable them to compare what different garages offer as part of a car service. It is not intended as a standard which garages should meet. 

In addition Forte Lubricants' advertising gave the impression that the company and its products were implicitly approved by the OFT. The OFT also received complaints alleging that the company's sales representatives had made misleading oral statements to the effect that only Forte products were approved by the OFT. The OFT does not approve any products or recommend what products should be used by garages when providing a car service.

Forte Lubricants has agreed to remove all promotional material containing the OFT's name or logo and agreed not to make any similar misleading claims about the OFT in future. The company was given 10 weeks to ensure that all such material had been withdrawn by garages.

Later this year, the OFT expects to give public approval to codes of practice that meet rigorous criteria, going well beyond statutory obligations, and whose sponsors have demonstrated they deliver what is  promised. Codes that successfully achieve both stages will be able to carry the OFT 'approved code' logo and receive official promotion (see notes 3 and 4).

Welcoming the undertakings Penny Boys, OFT Executive Director, said:

'The OFT takes the misuse of its name very seriously and will not tolerate claims that it approves or recommends any specific products or services.

'Consumers will benefit from the OFT's new codes of practice scheme, which will identify those codes that give consumers more than the law requires. We hope to approve the first codes later this year.'

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 OFT's code approval scheme consists of two stages:
 
Stage One - the code sponsor makes a promise that its code meets the OFT's core criteria in principle. The code sponsor must make sure its code contains measures designed to remove or ease consumer concerns and undesirable trading practices in its sector

Stage Two - the code sponsor must prove its code lives up to the initial promise. The burden of proof lies with the code sponsor. The sponsor must show that the code is being effectively implemented and that consumer disputes are properly resolved.

4.  Codes that successfully achieve both stages will be able to carry the OFT 'approved code' logo and receive official promotion. The OFT will only approve and promote codes that are shown to safeguard and promote consumers' interests beyond the basic requirements of the law. The first approved codes are expected to be announced in the autumn.

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