VLS Bulletin – September 2020 – VLS010160
VLS 010160 – Impetus Automotive Ltd trading as Toyota First
On 02/11/2018 the case was reported to VLS.
The case complaint concerned the number of conflicting claims made for the product which, taken together, were not technically feasible. These concerned both industry standards such as the ACEA engine oil sequences, as well as various OEM specifications from different manufacturers. The technical information also contained errors in the promotional material and claims made against obsolete industry standards.
VLS worked with the Named Party to resolve the conflicting claims, remove reference to obsolete claims and present the product’s technical information in a compliant manner. VLS followed its marketing claims procedure and asked for a copy of the Candidate Data Pack (CDP) for the formulation employed by the product. The CDP provides details of how the claims made on a product have been met through either rigorous testing or through the attainment of formal approvals.
The Candidate Data Pack was not provided by the Named Party, in breach of the ATIEL Code of Practice which defines the requirements on marketers of engine oils making claims against the ACEA sequences. VLS therefore could not independently verify or validate that any of the claims made for the product had been supported by the technology provider either through appropriate and rigorous testing or from formal approvals being granted by the relevant OEMs. We therefore had to conclude that no evidence had been provided that the product is capable of meeting all or any of the claims made for it.
As Section 7 of the ATIEL Code of Practice had not been complied with in this case, VLS reported the Named Party to ATIEL for breaching their undertakings under the ATIEL Code of Practice.
The case was also escalated to Trading Standards as the claims could not be validated or verified, and no evidence had been provided that the product is capable of meeting any of the claims made against it.
In line with its stated procedure VLS undertook a six month review of the case. The Named Party asked that all correspondence be referred through Trading Standards whom believed they had taken the case as far as they could.
VLS escalated the issue of a major motor manufacturer’s non-compliance with the ACEA automotive engine oil sequences with the European Technical Association ATIEL who shared the findings with ACEA. In response to this case ATIEL has changed its product compliance procedure so that now the automotive engine oil products marketed by every major motor manufacturer will be included in their annual sampling and testing programme.
Subsequently VLS believes that the product is no longer being made available on open sale in the United Kingdom. If it becomes apparent that the product is being sold in the United Kingdom in a non-compliant manner then VLS reserves the right, in the public interest, to take whatever action it deems necessary and appropriate to bring the product back into compliance.
David Wright, Company Secretary – VLS (UK) Ltd says “We want to ensure we have the highest standards in Europe for lubricant manufacture, blending and marketing, and we want a ‘level playing field’ for all participants, so that we protect the interests of the consumer and other end users.
In the Verification of Lubricant Specifications (UK) Ltd, we have set our course for stronger industry self-regulation by working positively towards more open and transparent competition that benefits all lubricant organisations. By working with the sector to resolve non compliant products in an independent and impartial manner, we can support companies to compete on a more equitable basis in a highly competitive marketplace.”
June 2020
