In February 2009 the Advertising Standards Authority of South Africa (ASA) ruled that TomTom’s claim of having “South Africa’s most up-to-date maps” was unsubstantiated. TomTom was instructed to withdraw the claim with immediate effect and to not use the advertisement in the same format in future. <\/p>\n
This ruling however did not stop TomTom from running another advertising campaign claiming to have the “best maps” and “the world’s most up-to-date maps. <\/p>\n
Competitor Avnic Trading, distributor of Garmin products, lodged another complaint against TomTom, saying that this “misleading advertising cannot be tolerated in terms of the General Principles of Advertising.”<\/p>\n
The Attorneys Webber Wentzel, on behalf of TomTom, submitted that the advertising material referred to in the complaint was commissioned prior to the lodging of Garmin’s original complaint against the respondent in 2008. “Since December last year the respondent has not paid for or commissioned advertising that makes the claim that it has the most up to date maps.”<\/p>\n
It was further submitted that TomTom’s advertising agency was advised of the outcome of the complaint and it did not take steps to remove the said material from the public arena. “TomTom has now requested its advertising agency to remove the materials as soon as possible,” they said.<\/p>\n
The ASA was not convinced. “While TomTom has now taken steps to remove the offending claim, this action is belated,” the ASA said. The ASA was also not satisfied with the excuse that TomTom’s advertising agency did not take steps to remove the offending claim from the public arena.<\/p>\n
The ASA subsequently ruled that TomTom should remove the claim “South Africa’s most up-to-date maps” with immediate effect and ensure that the claim is never used again in that format.<\/p>\n
The advertising Authority further afforded Garmin the opportunity to comment on whether or not sanctions are appropriate, and if so, which sanctions.<\/p>\n