Analysis: Advertising code compliance not plain sailing

A series of Advertising Standards Authority (ASA) rulings on agency cruise adverts early this month highlighted the difficulty of making environmental claims, with all the complaints upheld as in breach of the advertising code.

 

The ASA rulings appear doubly significant in that three of the four complaints were brought before the code was toughened in April in line with the Digital Markets, Competition and Consumers Act 2024, with the ads found to be in breach under the old consumer protection regime.

 

Complaints against Cruise Circle, Barrhead Travel and Cruise.co.uk were brought under the previous code, while the ASA considered a complaint against Sunshine Cruise Holidays under the rules post-April 7.

 

More: ASA cracks down on agencies’ green claims in cruise ads

 

At the same time, the ASA noted all four rulings formed “part of a wider piece of work on environmental claims” and were the result of its automated systems assessing vast amounts of consumer-facing marketing, making clear the authority has the travel sector firmly in its sights.

 

Two of the complaints related to ads for the cruise ship MSC World Europa, launched in 2022 and powered by liquified natural gas (LNG).

 

Cruise agent Cruise Circle ran an online ad in March for MSC Cruises which referred to the line’s “eco-friendly LNG technology” and described LNG as “the world’s cleanest marine fuel”.

 

The ASA ruled both claims misleading and ordered the ad not appear again, noting LNG is “a fossil fuel” that produces “carbon dioxide and other greenhouse gas emissions” and “the emission of unburned methane into the atmosphere at all stages of the fuel’s life cycle”.

 

A Barrhead Travel ad which described Celebrity Cruises as having “a strong focus on sustainability and eco-friendly practices” was similarly found to be in breach.

 

The ASA noted Barrhead’s ad “would appeal to consumers who had concerns about the environmental impacts of cruising” and offer reassurance but ruled it “misleading” because it did not provide the basis for the claims.

 

The authority pointed out cruise ships produce “high levels of CO2 and non-CO2 emissions” and have environmental impacts beyond emissions which include “the discharge of greywater from sinks, showers, laundry facilities, and kitchens, blackwater (sewage), ballast water, and water from exhaust gas cleaning systems . . . all of which could harm marine life and ecosystems”.

 

The third complaint was against a SeaScanner (Cruise.co.uk) ad promoting MSC World Europa as “one of the most eco-friendly cruise ships afloat” with “cutting-edge environmental technology [and] an advanced LNG-powered engine”.

 

The ASA ruled all these claims misleading and ordered the ad withdrawn.

 

Environmental credentials ‘exaggerated’

The ASA also issued a ruling under the revised advertising code against a Sunshine Cruise Holidays advert for MSC World Europa.

 

The ad described the ship as fitted with “new green technologies” and “powered by LNG, the world’s cleanest marine fuel”.

 

It suggested: “If you’re keen on cruising but worried about the environmental impact, the MSC World Europa offers a green alternative . . . You can rest easy knowing you’re being powered by cleaner fuel and propelled by blades that mitigate the worst impacts of underwater noise.”

 

The ASA ruled this “exaggerated the environmental credentials of the ship” and gave the impression that “consumers would lessen their impact on marine life and the environment” and found it in breach of the code.

 

It noted evidence for the claims was not provided when the code requires “the basis of environmental claims and comparative claims must be clear, absolute claims must be supported by a high level of substantiation [and] marketing [must] not mislead by exaggerating the capability or performance of a product”.

 

The rulings suggest the cruise sector and cruise agents have their work cut out to comply with ASA requirements when making sustainability claims in consumer advertising.