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Bulletin: 21/5
Batch: 274
Reference: 34928
Product: Leisure
Advertiser: Fitbit
Influencer:
Agency:
Medium: Internet (Company Website)
ASAI Code 7th Edition: 2.4(c), 4.1, 4.4, 4.9, 4.10, 5.16
The advertisement for fitbit charge 2 on the advertisers’ website stated the following:
“Connected GPS
Connect to your phone’s GPS to see real-time run stats like pace and distance on your wrist, and a map of your route post-workout.”The website also included information about other features of the product. And the end of the webpage, text stated
“Sync Wirelessly
Charge 2 syncs wirelessly and automatically to 200+ iPhone,
Android and Windows devices.Explore the Fitbit app”
And underneath the next section which contained information on colours and textiles, text stated
“See Fitbit Charge 2 Specs and Details”
The complainant considered the marketing description for the product to be misleading as there was no warning that not all mobile phones were compatible with the product. Having purchased the product, she discovered it did not connect to her mobile phone device. She was subsequently advised by the advertisers that not all mobile phone devices were compatible with the product.
The complainant said that she had relied totally on the description provided that clearly stated that the device was GPS compatible to a mobile phone.
The advertisers said that they did not believe that the consumer was misled by their advertising of the Fitbit Charge 2 and their “Connected GPS” feature as the Fitbit website clearly stated that not all mobile devices were compatible with Fitbit trackers. They said that when reviewing the various features of the tracker on the Charge 2 webpage, the consumer would have come across a link titled “Specs”, where, upon clicking on the link, the consumer would have seen a section titled “Syncing” and read that Fitbit trackers: “Sync automatically and wireless to computers and 200+ leading iOS and Android devices using Bluetooth LE wireless technology…Check your device compatibility”. They said that the consumer had ample opportunity to check whether their mobile device would be compatible with the Fitbit Charge 2.
They said that their company policy was to ensure their customers were always satisfied with their purchase and that, as stated on their website, Fitbit had a 45-day return policy which allowed consumers to return their tracker within 45 days of their purchase. They said that here the consumer would have been aware very quickly that their mobile device was not compatible with the Fitbit Charge 2 as they would have run into other syncing issues and could have chosen to return the tracker within the 45-day return window.
Complaint Not Upheld.
The Complaints Committee considered the detail of the complaint and the advertisers’ response.
The Complaints Committee noted that the claim “connect to your phone’s GPS” did not include an absolute claim that the advertised product would connect to all phones. They also noted that at the end of the webpage there was text which indicated that the product synced wirelessly and automatically to “200+ iPhone, Android and Windows devices” with a link to the product specifications.
The Committee considered that consumers could reasonably be expected to, in advance of purchase, check compatibility of an advertised product with their existing equipment. In light of these factors, the Committee did not consider that there was a breach of the Code on the basis suggested in the complaint.
ACTION REQUIRED:
No further action required.