Advertisment
The advertisement was a listing on the advertisers’ own website for Ariana Grande Ari EDP 50ml perfume. Under the picture of the product, the price was listed as €40.00 with €100.00 crossed out to the right of that price.
Complaint
The complainant considered that the advertisement was misleading as they claimed the product had never been on sale for €100 and as such there was no 60% discount possible.
Response
The advertisers responded and stated that the product listing has been discontinued and removed from the website. They explained as the product line has been fully deleted from their live inventory system, the historical pricing logs and specific data associated with that SKU (Stock Keeping Unit) was no longer accessible.
The advertisers said that despite not having access to the historical data for the specific product, they were committed to accurate pricing and consumer trust. They said that they would never intentionally mislead customers regarding savings and RRP.
Conclusion
Upheld:
The Independent Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted the Code requirements that advertisers should hold evidence for objective claims in advertising (S4.10) and that if advertising involves a claim or creates an impression that a product was previously offered at a different price or at a particular price, it should be the case that the product was in fact previously offered at the specified price openly and in good faith and for a reasonable period of time (4.26).
The Council noted that evidence to show that the product had previously been on sale at a higher price as shown in the advertisement had not been submitted to the ASA. In light of this, the Committee concluded that the advertisement was in breach of Code sections 4.9; 4.10; and 4.26 of the Code.
Action Required:
The Council noted that the relevant product listing had been discontinued and removed from the website.
The Council reminded advertisers to ensure that they held evidence to demonstrate previous price points when offering promotional prices on products.
