Apple claiming iPhone 3G is 'really fast' deemed false by UK regulators
By Tim Conneally | Published November 26, 2008, 11:27 AM
The UK's Advertising Standards Authority determined today that an Apple TV ad's claims about its iPhone 3G's relative download speeds is misleading and exaggerative, and must be pulled.
The ASA received 17 complaints from television viewers who believed Apple's "So what's so great about 3G?" ad for the company's latest iPhone inaccurately portrayed the speed of the iPhone 3G. In the ad, Web pages are loaded in a fraction of a second with a voice-over stating (four times) that news, directions, and the Internet are each "really fast."
According to the ASA, this ad violates three sections of the BCAP TV Advertising Code:
5.2.2 " Descriptions, claims and illustrations must not imply attributes, capabilities or performance beyond those that can be achieved in normal use."
5.4.1: "Advertisements must not use any technique that is likely to give a misleading or unfair impression of the product or service."
Apple's response was that the ad was clearly comparing the 3G's speed against its 2G predecessor, and that the average viewer, as a mobile phone user, would understand the device's performance would vary. It said it reinforced that understanding by including the on-screen fine print, "Network performance will vary by location."
The ASA, however, determined that there was no explicit comparison with the 2G iPhone, and that the visuals in combination with the repeated claim "really fast," was likely to mislead viewers. Therefore, it declared, the ad as seen here must no longer be aired in the UK, and must be altered or retired.
Ummm, we just got our Blackjacks updated to iPhones. I think I hate this thing more than anything else I own.
I feel like such a gay f** when I have to use it in public. It's only been a few days so I'll post my full opinion when I've actually gotten into this thing. It's not nearly as fast as that video shows BTW.
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UK regulators need to put a sock in it. Apple, unlike Microsoft does not lie or mislead people. Everything Apple advertises or claims is 100% accurate.
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LOOOOOOOOOOOOOOOOOOOOL!
I'm surprised they picked on this particular ad. Just look at those PC Dork vs. Mac Hipster ads. Those are FULL of false, misleading claims and flat out lies, yet they don't complain about THOSE.
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I know what you mean, but they don't even HAVE THESE ADS IN THE UK, thank God.
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With all the charity that Apple have done for you in your life, you could at least ask them to give you an iBrain, so that you could AT LEAST give a decent post once in a while.
We can see you like Apple products A LOT, and so do I (some of them) but for Steve's sake, stop being such a g**d*** tool, and look at it from a..less sweaty perspective (away from underneath Job's crotch, perhaps?).
Follow foxfyre's posts or something, he seems to have an idea of what he's talking about when defending Apple.
Furthermore:
We will never forgive you for saying apple is the only recession-proof company in the world, and your most recent stupid statement (this one ^) is being added to the list of your ineffable (type it in spotlight if you want to know what it means) foolishness.
In future:
f**king hell man. Stop. Think. Think AGAIN. THEN press the "post comment" button, you'll look less like an idiot.
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Umm Sony claim in their adverts the PoS3 is the best console for games!! I have yet to see the proof!! BAN THEIR ASSES!!
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Yeah Yeah Yeah, whatever. Fact is the iPhone is the best dam thing out there. I've had all the so called great phone including smart phones. The iphone does more, is more fun, and is to way cooler then anything else.
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everything in the u.s. is misrepresented in one form or another, from consumer goods to the federal government.
-----------
what ever something is claimed to be or what its costs are can be divided by at least 50% because there is a direct correlation to hype and markup.
markups can be as much as 300% but anything more than 300% then smart consumer will know there is b.s. involved.
so the question is since when is mis representation taken seriously.
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lol
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There are parallel discussions going on at other sites that are discussing this story in the light of product performance and speed as opposed to network speed. I think they have a more valid argument, as many of us have not seen such quick application response times as are displayed in the commercial.
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The only thing about an apple anything is it's design (yes they are very good to look at and feel), but that's where it stops.... period. You want a gadget that works, get something else.
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LOVED my iphone 2G-till it stopped working 1 month after the year warranty was up and Apple said "They're too expensive to fix-you'd be better off just buying a new one". Are you kidding me? $400.00 for a phone that lasted 13 months? I would sooner drop dead than buy anything from Apple ever again. Word to the wise-buy an "Apple Care" warranty.
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Yep. Apples been doing that for years since the original iPod. They designed the built-in [non removable] iPod battery to last just after the one year warranty; then it doesn't run for sh!t. And guess what? They make you buy a new iPod too.
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What a bunch of yuppies.
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That hand is so creepy. It never moves. I bet it's a fake.
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lol
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Spoken like someone who is either jealous or confused. Or both.
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Probably worth pointing out this is the second time an Apple iPhone advert has been banned for being misleading - http://arstechnica.com/j...-ban-of-iphone-ad-in-uk
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Ah yes, I remember that now.
Make that 4 Apple adverts.
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The advert also says "Steps missed out" in small writing (and not for very long) and that's always got my goat because that also misleads the speed of the iPhone. Don't get me wrong I love my iPhone but you've got to be fair when representing it's capabilities.
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funny thing is... whether or not the ad is misleading, most people in the UK or anywhere else wouldn't care about it and would still buy the iphone lol
As for me, I currently have a windows mobile 3G phone. I already know 3G isn't as fast as depicted in the ad... and well... I'm still getting an iphone when my current contract is up :-)
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What a regretful way to use the law. Apple's creative genius, as they do with their products, is being used in these commercials. I think it is their competition that is complaining.
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He we go. ~_~ If it was a phone with windows mobile, I'm guessing that you would be quick to point out the flaws in the ad. But because it's an Apple advert, you are quick to defend, and even call out flaws in the law!
We aren't talking "creative genius". We are talking misleading viewers. I'm sure that you and I both KNOW that pages don't load that fast on an iPhone 3G, be it in the middle of Devon or the heart of London.
"I think it is their competition that is complaining"
No. Apple is _not_ the only company that have been targeted by the ASA (which is run by the government, not Nokia or Samsung, strangely enough) stop trying to imply otherwise.
Wait- do you live in the UK?
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Very well said.
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"that fast"?, huh...
How fast is that? Relative to what?
Seems like you are in violation as well. ;-)
A law/regulation that provides for no independently varifiable objective standards of comparison renders the decisions as arbitrary, relative and capricious as the claims they say they are atempting to curb.
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Have you never had to write a dissertation?
Give references for any bold claims, or define them clearly so as to be obvious (note: obvious, this doesn't mean to me or you as technologically aware types).
"5.2.2 " Descriptions, claims and illustrations must not imply attributes, capabilities or performance beyond those that can be achieved in normal use.""
The phone in the advert is downloading much faster than 3G can handle, because it is likely doing it over WiFi instead. This is misleading.
Alas, there is a small group of hardcore Apple haters in the UK who try to get pretty much all of their adverts banned.
First, the "world's fastest personal computer" G5 Power Mac, which wasn't the world's fastest.
Second, the Intel chip "dull little boxes" advert was, I'm fairly sure, banned. Though it may just have been Apple being too chicken to broadcast it in the UK with that phrase in.
And now the iPhone.
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"normal use" ... so they have an objective method for normalizing performance over the entire network coverage area? And this result would be the same for anyone attempting to determine this quantized standard?
And "I'm sure that you and I both KNOW that pages don't load that fast on an iPhone 3G, be it in the middle of Devon or the heart of London." Now THERE is an objective standard. And if EVERYONE KNOWS, do you need to throttle a claim?
I mean, what if a kid's book asserts that the moon is made of green cheese? Do they go after it for the fact that they can't find a GREEN cheese, or for the fact the moon isn't made of cheese, or that maybe parts of the moon may be green chese, but not all of it? And how do they know? Have they been there? hmmmm.... ;-)
And you say the phone was actually downloading the data...so it must be false!
So if an Olympic world champion sprinter with the world's fastest time is labeled the world's faster sprinter, and he happens to have the flu, and cannot perform on a given day or week up to the demonstrated claim, is misrepresenting one's self and cannot use that description?
Oh, and the G5 was the fastest 64 bit processor at the time. And Altivec, the 128bit vector calculation engine the fastest such device as well. Whether the assembled final units in the various configurations with different video cards, etc. were the fastest - who cares.
If only the UK applied such stringent guidelines to all of its official business, they would be so busy shutting things (and public figures) down that no one would notice a #$@% consumer device!
The irony is that a stringent truth in advertising law, where ALL claims must be able to be meet independently verifiable objective standards would be a wonderful thing. And I dare say, 95% plus of everything we are now used to seeing and hearing would instantly disappear.
One can fantasize...
;-))
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Under no circumstances is what you seen in the advert 'normal use'.
"Oh, and the G5 was the fastest 64 bit processor at the time"
That may be true, however, it wasn't the "world's fastest personal computer".
http://news.bbc.co.uk/1/hi/technology/3797261.stm
It's amusing to see what grounds the other 64-bit point was ignored on though.
"So if an Olympic world champion sprinter with the world's fastest time is labeled the world's faster sprinter, and he happens to have the flu, and cannot perform on a given day or week up to the demonstrated claim, is misrepresenting one's self and cannot use that description?"
You don't quite understand how records work, do you.
Records are set only when certain procedures have been put in place to check they were broken according to the rules.
If the iPhone can't do it under those conditions, then yes, it is misleading.
I can claim I've run the 100 metres in under 9 seconds, but there's no proof of it.
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What? (he said, feigning any real conscern over this entire issue... ;-)
"...the United Kingdom's Independent Television Commission ... banned Apple from claiming to be the fastest personal computer because "there was insufficient evidence to support the claim." "
The entire issue called into question the idea of benchmarks themselves rather than Apple's claim. Especially as the 'opposition' also tried to game the results by substituing Opterons made available AFTER the G5's release, different video cards, and many other issues. And considering that Adobe's Photoshop was the only 64 bit app available at the time running on the machine, one wonders how any results were clearly established ...
http://www.popularmechan...ade/1279211.html?page=1
The standards cite "normal" performance. That would mean the sprinter could "reasonably" be expected to turn in the same performance at any time under any coditions in what would be a "normal" - or average manner. Such is not reasonable for any Olympic athlete, otherwise the 'world's record' would not be the record, as it would be an average or "normal" rate - not an exceptional pace. And I don't care what procedures were established on a particular exceptional date or place of performance! The claim under UK regs is spurious and "misleading", as one could not "reasonably" assert the record pace on say the main walk in any city at any time of day under any 'normal' conditions. The Olympic conditions are 'canned' in the sense that they are anything but 'normal'. Rather they are highly controlled - even 'artificial' conditions. So claiming to be faster than others bused upon artificial and not normal conditions woud be misleading. Damned those sprinters. ;-)
Bottomline, the standards, or lack thereof, and the way in which they are applied and interpreted are hilarious - as they interpret them as loosely as do many of the manufacturers who make the claims! And, as a result, the rule anything but adequate. And I love how the law attempts to dumb things down by simply lowering and levelling standards to 'normal' levels. ;-))
I undertsand their goal, but the practical implementation leaves quite a bit to be desired. Just as do the advertising claims it tries to protect "eveyone who knows better" against. ;-))
But then, I don't see a similar uproar over the 'so-called' UK participants in any of the Olympic marksmanship events being challenged, as they have to leave the country just to practice or to actually participate intheir sport! So, are they really UK participants - simply by virtue of where they were born or sleep? Seems misleading to me. LOL!
This entire issue is hilarious and more than just a bit absurd.
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Heh. So you're saying Apple's creative genius is to lie out their ass. That explains a lot.
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Sorry, the ASA is self-regulator run by the ad industry, not a government body (quango).
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"So, are they really UK participants - simply by virtue of where they were born or sleep?"
Ah, so you're using the "A dog born in a barn doesn't make it a horse" line of thinking.
You should perhaps have picked a different example: Owen Hargreaves.
He'd never lived in England before playing for them.
That's far more ridiculous than leaving the country because of firearms laws (which, as it happens I more than agree with - though they're still not controlled well enough).
In many cases 'normal conditions' is indeed spurious, I agree.
However, when it is above the maximum speed [of 3G] as is the case in this advert, it's just plain silly.
If the claim was based on a speed being seen that was the maximum (not above) of 3G, then it would be harder to get it banned as it's not entirely out of the realms of possibility that it's 'normal use' for someone.
"Especially as the 'opposition' also tried to game the results by substituing [sic] Opterons made available AFTER the G5's release, different video cards, and many other issues."
In the article you posted I see that they tried to substitute faster ones, but it doesn't say whether or not these faster processors were available to buy as part of an HP system before the test. It just says that they tried to swap it.
Anyway, it was banned. And it made me smile because Apple are too smug with their advertising campaigns.
I don't think I've pointed out whether or not I agree with it being taken off air. I'm not sure I do, but it still makes me smile.
At the end of the day it's one less advert to have to sit through within your lifetime. One less bombardment of products. That can only be a good thing.
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Personally, I think the comparison made was to 2G. And, for all intents and purposes, it is correct in general - and no, an exception does not invalidate a generalization.
But bottomline, if there were a way to frame and enforce a strict truth in advertising law that tossed the image based upon innuendo, peer association, unsubstantiated claims, or how many scantily clad women were included in the ad, etc., in exchange for factual independently verifiable and repeatable information regarding performance that can be reasonably expected - rather than some obscure 'results are exceptional' disclaimer or nonsense claims based upon idiotic testimonials - I would be ALL for it.
And it would dramatically transform the landscape as we know it.
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i stand corrected :p
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relative to the ad.
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Well its refreshing then to see MS latest commercials claiming nothing coming closer to being accurate. ;-)
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"I'm a PC"
Well, erm, it is :P
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yup, its about nothing...
LOL!
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It's about time somebody called them out on their deceptive ads!
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Amazing.
A judgement regarding the overall capabilities of 3G is levied against simply one component of the network.
The only thing missing here is to the ludicrous characteristic blaming of the problem on the fact that Apple is an American corporation...But wait for it, I am sure such a charge will be forthcoming from at least one of the 3-4 resident xenophobes.
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Nah, it's not that they're American.
It's just the UK public being fed up with ridiculous marketing claims from Apple.
"A judgement regarding the overall capabilities of 3G is levied against simply one component of the network."
No, the definition of the word 'fast' is.
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We shall see!
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???
I was referring to the same couple of Bozos on this site who routinely blame everything on the US. - not the UK court system!
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I know that, you wally.
I was just answering you cheekily.
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Oh yeah....well, come back again and I will taunt you yet another time....you silly knigget!
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It seems that whatever service is provided in the UK for the iphone, is significantly slower then 3G service in the US. Besides, British tend to complain a lot. Unlike their politics, this time they did something about it.
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"Unlike their politics, this time they did something about it."
There's nothing that can be done. The prick was elected without the public's vote. We'll see at the next General Election.
"It seems that whatever service is provided in the UK for the iphone, is significantly slower then 3G service in the US."
No, as we've had 3G significantly longer. It's probably faster than in the US.
However, fast is a term that you can't use without clarifying in an ad.
Fast downloads on a phone != fast downloads in general.
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3g in the UK is faster and more widespread than in the US, sorry.
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I'd have Clinton as my spin doctor any day.
He's better than Bush, anyway.
/yes, he has started it again
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Who cares about Bush? Or Eisenhower, or Calvin Coolidge?
Unfortunately, both Clinton and Bush suck.
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at least those UK folks see those apple ads for what they really are, misleading.
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That makes me laugh.
I use a cheap Skypephone from 3 and it has HSDPA which downloads internet pages really fast, faster than i have seen an iphone work. Still at least apple are trying to market their phones. Gotta give them credit for that.
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Why do you "have to give them credit" for lying to their customers to sell a product? In the US, Apple outright lies all the time in their ads. I think it's great that they're getting pulled in the UK. I can only hope that in the US their misleading and deceptive ads start getting pulled, too.
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What really gets old here is overly general blanket statements, like yours, which are so excessive as to consitute a lie.
This may come as a shock to someone as intelleeegint as yourself, but 3G, in general, has been touted as being faster than alternative legacy networks. So a poduct piggybacking upon that claim with a nebulous "really" fast claim is essentially meaningless.
So, I expect to hear you start whining about truth in advertising across the board, as no one in the industry sells products by association, image, or by anything but independently verifiable objective claims, do they??????????
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I suppose this means that people in the UK don't have to suffer through 15 minute long male genetalia enlargement pill commercials either? They don't know how lucky they are...
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No kidding. So not fair.
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"I suppose this means that people in the UK don't have to suffer through 15 minute long male genetalia enlargement pill commercials either? They don't know how lucky they are..."
Where may I obtain these male genetalia enlargement pills? ... I need them for a friend.
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:)
Second time Apple's had an ad pulled for alluding to things that aren't true in the UK.
*Edit* My bad, third time.
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