Martin Lewis slams ‘two tier’ rules over aircon ads
Martin Lewis slams ‘two tier’ rules over aircon ads

Martin Lewis has claimed there is a “two tier” system of advertising regulations, as he highlighted a BBC News report about online adverts for portable air cooling devices that appear “too good to be true”. The personal finance expert took to X (formerly Twitter) on Friday to share his frustration, pointing out that while television, radio and print advertising face strict pre-clearance checks, online platforms remain a hotbed for misleading promotions.

Misleading ads target heatwave-weary consumers

The BBC News investigation, published last week, revealed that online advertisements for portable air conditioners have been circulating widely during the UK’s ongoing heatwave. Many of these ads claim the devices were designed by engineers who previously worked at NASA and can cool a room in under 90 seconds. The independent Advertising Standards Authority (ASA) has warned consumers to be wary of such claims, noting that many ads use artificial intelligence to make the products appear more impressive than they are.

Stuart Matthews, a content creator behind the Proper DIY YouTube channel, told the BBC that he purchased several of these devices to test them. He found that they contained “cheap components” and were based on “flawed science”. The products typically sell for between £70 and £120 and are sold through websites linked from the ads. The ads have appeared on major social platforms including Facebook and YouTube. Express.co.uk has approached Meta, Facebook’s parent company, and Google, which owns YouTube, for comment.

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Lewis: ‘Risible two tier advertising regulations’

In his post on X, Lewis wrote: “This is just another example of our risible two tier advertising regulations. Hard checks for TV, radio, print newspapers yet slop, sh**e and scams rife online...” He was referring to the fact that television and radio adverts must be pre-approved by Clearcast and Radiocentre respectively, while print ads, though not subject to the same pre-clearance, are closely vetted by legal and compliance teams before publication. Online advertising, by contrast, faces much weaker barriers.

The ASA regulates paid online adverts but often has to react to misleading content after it appears. The regulator does not have the power to issue direct fines, though it can issue enforcement notices and refer sellers to other regulatory bodies that can impose penalties. The ASA, along with the Department for Science, Innovation and Technology, which oversees digital policy, has been approached for comment.

ASA issues public warning and guidance

On Friday, the ASA published guidance on its website, “warning people to be on high alert for misleading online ads for portable air conditioners”. The regulator identified several common problems: claims that a small device can cool an entire room or home within minutes; exaggerated claims about energy use or cost savings compared with conventional air conditioners; claims that products are “British engineered” or use “revolutionary” technology; fake or misleading customer reviews; and fabricated stories about industry insiders or breakthrough inventions.

The ASA stated: “We’ve seen similar misleading ads before, particularly for mini-heaters during colder months, where exaggerated claims suggested small plug-in devices could replace conventional heating. We’ve taken action in response to those mini-heater ads, including using our AI-based monitoring system to spot problem ads, issuing an enforcement notice instructing advertisers to get their ads in order and banning ads that break the rules. While we’ll continue to take action where we see the rules being broken, the nature of some of the businesses behind these ads means enforcement alone isn’t enough to stop the problem.”

The regulator added: “Being able to recognise the warning signs of misleading claims can help people make more informed decisions and avoid wasting money on products that don’t do what they claim. This is why we’re taking our action one step further and issuing this public warning.”

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Red flags and advice for consumers

The ASA advised consumers to look out for red flags such as unbelievable customer reviews, poor grammar, and elaborate stories about secret inventions or industry breakthroughs. For those unsure about an advert for a portable air conditioning device, the regulator recommends: checking independent reviews rather than relying solely on testimonials on the seller’s website; looking up the retailer to ensure they provide genuine contact details and a business address; comparing the device’s specifications with those of a genuine portable air conditioner; and treating claims about performance or energy savings with caution if they seem unrealistic. Consumers who have seen a concerning ad can report it to the ASA via their website.