iPad with “cellular” ads misleading: ASA
A consumer has lodged a successful complaint with the Advertising Standards Authority of South Africa (ASA) against MTN because Apple’s iPad with Wi-Fi + Cellular cannot make phone calls.
MTN’s July 2013 Y’ello Trader booklet promoted Apple’s iPad and iPad mini, which included the specification “16GB Wi-Fi and cellular” specification for the iPad mini.
One consumer, Thembeka Ngubane, was dismayed to discover that she could not make cellular phone calls on the device.
Ngubane lodged a complaint with the ASA, saying that that the reference to “Wi-Fi and cellular” led her to believe that she would be able to make phone calls from the iPad Mini.
“MTN have now refused to cancel or substitute the contract, which was signed as a result of misleading advertising,” Ngubane said.
MTN explains Apple with Wi-Fi + Cellular functionality
MTN responded, saying that the reference to “Wi-Fi and cellular” comes directly from Apple, who uses this descriptor to indicate devices that are able to connect to the internet using both Wi-Fi and SIM card capabilities.
An e-mail from the Core Group – the official distributor for Apple products in South Africa – explains that “… the product name must include Wi-Fi & Cellular if the unit can take the SIM card”.
“The reason behind using cellular rather than LTE is that some regions are not enabled for LTE technology, therefore Apple have requested that Cellular be used,” Core Group stated.
ASA ruling
The ASA was not convinced, saying that the reference to “… Wi-Fi and cellular”, in the absence of something to clarify what the “cellular” intends to refer to, is ambiguous, and likely to mislead the hypothetical reasonable consumer who is not necessarily technically informed.
The ASA upheld the complaint, and ordered MTN to withdraw the advertising with immediate effect.
Widespread impact
The fact that the ASA found that an “iPad with Wi-Fi + Cellular” may not be advertised as such will impact all companies selling these devices.
MTN highlighted that many companies, including Vodacom, Nashua, and Apple use the same description to advertise the iPad with Wi-Fi and Cellular.
In fact, Apple’s official description of its iPad range with mobile connectivity is “Wi-Fi and Cellular”.
This means that Apple’s own product description can now be seen as misleading advertising in South Africa.
It is unlikely that Apple will change the name of its iPad and iPad mini products for South Africa, which creates a conundrum for companies advertising these products.
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