Toyota SA ‘wrongly implied’ its plug-in hybrid Rav4 was for sale

The Advertising Regulatory Board (ARB) has ruled that a Toyota SA Motors (TSAM) advert misled consumers into believing its Rav4 Plug-in Hybrid vehicle was for sale in SA when this was not the case.

The ARB made the finding after a member of the public complained that he wasn’t able to purchase the vehicle despite an advert on Toyota’s website implying it was for sale.

He said the advert on Toyota’s website had stated: “As part of our commitment to achieving Carbon Neutrality by 2050, we have brought in a limited number of RAV4 Plug-in Hybrid Energy Vehicles to SA, to further our study on this cutting-edge technology. This will aid in our challenge to reduce CO₂ emissions and environmental impact on our planet.”

The complainant says he was thereafter formally notified via email me that there are no RAV4 Plug-in Hybrids available through the dealer network, which led him to contact the ARB.

In response, TSAM’s advertising agency stated: “The copy clearly states that we are bringing in limited vehicles to further our studies in cutting edge technology. It does not say these vehicles are for sale to the public. We believe this article is very clear.”

Having considered the complaint, the directorate of the ARB stated: “Advertisements should not contain any statement which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.

“While it is communicated that the purpose of the import of the vehicles into SA is to further a study, this doesn’t necessarily mean that consumers will understand that there are no such vehicles available for sale by SA dealers.

“Despite the mention of the Toyota study, it is not unreasonable for a consumer browsing a website to assume that a listed vehicle is locally available for sale. The consumer might, for instance, think that by purchasing the vehicle, they themselves are participating in the study. The wording ‘a limited number’ also suggests a limit in the availability of such vehicles — not that they are not available at all. This is further aggravated by the fact that detailed specs are provided for the vehicle — as would be expected if they vehicle was being promoted to potential buyers.”

The ARB said a Toyota footnote that stated “local specifications may differ” added to the confusion by implying that there were locally available vehicles, but that their specification might differ from those found elsewhere.

“For this reason, the directorate finds that the advertiser has listed the RAV4 Plug-in Hybrid Energy Vehicle in a way that is misleading, through implication and omission.”

The ARB noted that in drafting this decision it revisited the website and found that it now states “Not commercially sold,” and the statement “Local specifications may differ” had been removed.

“This appears to address the complaint,” concluded the ARB.

The Rav4 Plug-in Hybrid is one of a number of new-energy vehicles being evaluated by Toyota SA. The company is also conducting local feasibility studies on the hydrogen fuel cell Mirai, which has a range of 600km and emits only water vapour; and an electric Lexus UX BEV (battery-electric vehicle) with a claimed range of 450km.

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