Advertisment
The promotion was advertised at the entrance to the store and featured stacked bags which contained a variety of logs. Posters featured above the logs which stated “Sale – Only €X.XX”, the prices indicated were between €4.99 and €8.99 depending on the type of log.
Complaint
The complainant said that on enquiring about the pre-sale price of the logs, he was told that the logs were not included in the sale. He considered the advertising to be misleading as the wording of the posters strongly suggested the logs were on sale.
Response
The advertisers failed to provide a response to the complaint.
Conclusion
Complaint Uphold.
The Complaints Committee considered the detail of the complaint. The Complaints Committee expressed concern at the advertisers’ failure to respond to the complaint. They reminded them that there is an onus on advertisers to ensure that their advertising is in conformity with the Code.
The Committee noted the Code requirements that a marketing communication should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise (4.1); that marketing communications should not contain claims – whether direct or indirect, expressed or implied – which a consumer would be likely to regard as being objectively true unless the objective truth of the claims can be substantiated (4.9); and that relevant evidence should be sent without delay if requested by the ASAI and should be adequate to support both detailed claims and the overall impression created by the marketing communication (4.10).
They noted that evidence to support the claims in the advertising had not been submitted to the ASAI and in light of this and in the absence of a response from the advertisers, the Committee concluded that the advertisement was in breach of Code sections 3.10, 4.1, 4.9, and 4.10 of the Code.
ACTION REQUIRED:
The advertisement should not reappear in its current form.
