Advertisment
The advertisement was a listing on the Lidl website for a promotion on a ‘Sanitas Massage Gun’ at a 37% discount for Lidl Plus members. The advertisement stated that the offer was available ‘From 15.09’ and ‘only in store from 15.09.’
Complaint
The complainant believed that the advertisement was misleading because an end date had not been included in the advertisement and when they went to buy the product on October 11th, the offer was no longer available and they were charged the full price for the product.
Response
The advertisers stated that the end date of the offer would have been visible on the Electronic Shelf Label in the store and was displayed in the Lidl Plus App when viewing the coupon and when redeeming it. The advertisers provided an image from the Lidl Plus app showing that the end date had been included on the app.
The advertisers also stated that the end date of the offer would have been seen on their web platforms, however, they would be carrying out internal checks for online displays to ensure their accuracy from now on.
Conclusion
Complaint Upheld
The Complaints Council considered the detail of the complaint and the advertisers’ response.
The Council noted that the advertising had appeared online, on the Lidl Plus app and in store and that the end date of the promotion had been included in the Lidl Plus app and that it would have been instore during the promotional period and online. In this case, the Council noted that the advertisement on the website had omitted an end date and included only a starting date. The Council noted that the advertisement had been viewed online sometime after the promotion had lapsed and in the absence of an end date, considered that it was reasonable for a consumer to believe the offer was still live. In the circumstances, the Council considered the website advertisement could misleading and was therefore in breach of Sections 4.1,4.4, and 4.22 of the Code.
Action Required
The advertisement must not reappear in its current form. The Council noted that advertisements must include end dates on promotions.
