20 May 2009 – The Advertising Standards Authority has upheld a challenge made by NAUE that questions whether certain claims in a brochure published by Tensar International could be substantiated.
The brochure, "TriAx: A Revolution in Geogrid Technology," detailed the properties and performance advantages of Tensar TriAx geogrids. Within the information in this brochure, Tensar talks about the research that has evolved into a "revolutionary change from a rectangular to a triangular grid aperture." It goes on to say: "This was a revolution in geogrids technology with significant, new improved benefits over the biaxial geogrids."
It continued: "These tests confirmed the research effort and demonstrated that TriAx out-performed the best performing biaxial geogrids."
Further on in the brochure, a headline stated "Scientifically proven to functionally outperform biaxial geogrids." Text on that page continued: "A number of tests and trials have been conducted to prove the performance benefits of the TriAx geogrids compared with conventional biaxial geogrids. The results…proved conclusively the structural benefits of TriAx, which include improved confinement of aggregate and enhanced performance of mechanically stabilised layer, an increase in traffic life for a given sub-base thickness, and a reduction in sub-base thickness for a given traffic load."
NAUE GmbH & Co. (KG) challenged whether:
- The claims “These tests…demonstrated that TriAx outperformed the best performing biaxial geogrids” and “Scientifically proven to functionally outperform biaxial geogrids” could be substantiated; and
- The comparison made in the ad was verifiable.
The ASA took expert advice from a qualified civil and structural engineer and, while Tensar defended the content of its brochure, the Authority upheld the complaint.
The engineer’s report states: "…while some of the test results showed TriAx geogrids outperforming some of Tensar’s biaxial geogrids, they also showed Tensar’s biaxial geogrids performing at least as well in one instance."
The expert also said that he had "not seen any evidence presented to demonstrate the better performance of Tensar’s TriAx geogrids against biaxial geogrids from any of their competitors."
The ASA concluded that Tensar had not justified the claims "These tests…demonstrated that TriAx outperformed the best performing biaxial geogrids" and "Scientifically proven to functionally outperform biaxial geogrids."
The ASA judgement also states that “the brochure gave the overall impression both that Tensar’s biaxial geogrids were the "best performing" biaxial geogrids when compared with their competitors’ geogrids, and that Tensar TriAx outperformed their competitors" biaxial geogrids."
In particular, the ASA noted the headline claim stating "Scientifically proven to functionally outperform biaxial geogrids."
NAUE felt that it, along with Tensar and Colbond, were the main competitors in the UK in the biaxial geogrids market. The ASA accepted that, among the intended audience for Tensar’s brochure of qualified civil and geotechnical engineers, NAUE products were therefore identified by implication in the ad.
While the ASA acknowledged Tensar’s argument that, for interested customers, further information would be made available, it was nevertheless concerned that the ad did not contain a "signpost" to the means by which readers of the brochure, including competitors, could verify the basis for the comparative claims and concluded that the ad breached the code.
The Advertising Standards Authority has stated that the ad must not appear again in its current form.
NAUE Geosynthetics’ UK managing director, Chris Quirk, is delighted with the outcome: "The ASA has agreed with us that the claims made by Tensar might have adversely reflected on our product range, and we were keen to put the record straight."
Chris continued: "We stand by the scientific research carried out on our product range, and feel that engineers can be rest assured that the NAUE range will live up to all expectations."
To read the full adjudication please visit the ASA website: www.asa.org.uk.
CONTACT
NAUE Geosynthetics Ltd.
Genesis Centre
Birchwood
Warrington WA3 7BH
Tel: +44 01925 810280
Fax: +44 01925 810284
Email: enquiries@naue.co.uk
Website: www.naue.com
