Two advertisements for new Toyota vehicles in South Africa were deemed “misleading” in May by the Directorate of the Advertising Regulatory Board (ARB).
The first ruling was for the new Corolla Cross GR-Sport Hybrid in which a consumer complained that the vehicle was not readily available as the ad claimed, whereas the second was for the updated Fortuner where a person complained that the vehicle was not “all-new” as the ad suggested.
Corolla Cross GR-S Hybrid
In the case of the Corolla Cross, the complainant approached the ARB claiming that the advertisement was misleading due to it stating that “The Corolla Cross GR-Sport Hybrid is here!”
The individual said they contacted multiple dealerships and customer representatives who all confirmed that there is no available stock of this particular model and that the waiting list is anywhere between 12 and 24 months.
Hence, the complainant argued that the vehicle is not “here” – as the ad said.
In response, Toyota South Africa refuted the claim that there was no available stock and said there is a “steady inflow of these vehicles to the dealer network.”
Additionally, the manufacturer said waiting periods may apply to new vehicles due to a global hybrid battery shortage which is expected to normalise in 2024.
Toyota said the reference to the car being “here” is factual as it’s now officially part of the Corolla Cross range, albeit in limited numbers due to it serving a niche market segment – less than 10% of Corolla Cross units produced are in GR-Sport spec, and around 3% are hybrid.
Moreover, Toyota’s advertising agency Publicis Groupe Africa contends that the advertisement merely announced the addition of the hybrid model to the line-up.
“There is no other advertising that actively promotes the sale of this vehicle, which serves a niche market, and it was not unreasonable to communicate its arrival despite having to put some customers on a waiting list,” said the company.
After hearing both sides’ arguments, the ARB came to the conclusion that the advertisement was in breach of Clause 4.2.1 of Section 2 and Clause 16 of Section 3 of the ARB Code.
“The Facebook page that led to this complaint states that this vehicle is ‘here!’. In the absence of any context that suggests the contrary, a reasonable person would interpret this to mean that this vehicle is generally available for purchase,” said the ARB.
“In addition, the Advertiser’s website, which is accessible by clicking on the Tiny-URL provided in the advertisement, reads “COROLLA CROSS GR-SPORT. Now Available in Hybrid” (emphasis
added). It also allows browsers to click on “VIEW COROLLA RANGE” or “BUY NOW”, which reinforces this expectation.”
The ARB said there is no clear communication of any potential delays, shortages, or waiting lists that might apply when buying the vehicle, and that Toyota was not able to furnish supporting information that would prove its claims.
In light of these findings, the ARB ruled in favour of the complainant and ordered Toyota to “withdraw or appropriately amend its advertising to ensure that consumers are adequately informed of the reality of the situation and the likelihood of prolonged waiting periods.”
Following the ruling, the Corolla Cross page on the Toyota website now includes the term “subject to limited stock availability.”
Fortuner
In the case of the new Fortuner, an individual submitted a complaint to the ARB about a “misleading” television commercial that stated the SUV was “all-new” whereas it has only been given a facelift.
The ad read: “The all-new Toyota Fortuner. Reimagine the luxury of freedom.” However, the vehicle only received noticeable but minor cosmetic changes and a few new features.
Toyota said the Fortuner has undergone enough material changes and improvements for consumers to not be misled, including a new front bumper, air intakes, skid plates, LED lights, a roof spoiler, and more.
Considering these findings, the ARB said the vehicle would have had enough upgrades to be considered “new” – but not enough to be called “all-new.”
“‘All new’ promises something more than just ‘the new Fortuner’. In the context of vehicle marketing, it implies a new model of an existing range; or at least significant changes to the existing vehicle in all aspects,” said the ARB.
“In the context of ‘all new’, the words ‘re-imagine’ also become problematic – although the Directorate wishes to emphasise that they are not so in isolation. However, in this context they serve to create the impression that such are the changes to the car that you need to completely shift your thinking.”
The Directorate found the commercial to be misleading and in contravention of Clause 4.2.1 of Section 2 of the ARB Code, and has subsequently instructed all ARB members not to accept advertising from Toyota referring to the Fortuner as “all-new.”
Join the discussion