Clothing

A product listing on the Elvery’s website promoted ‘80% off’ the original price of the ‘Rugbytech half zip jacket’. The listing displayed the product alongside its reduced price of €10 down from the original price €50.

The complainant considered the advertisement to be misleading as having ordered the product through their website at the reduced price, they were informed via email that it was out of stock and therefore unavailable to them.

The advertisers acknowledged receipt of the complaint however failed to provide a response in the matter.

Complaint Upheld.

The Complaints Committee considered the detail of the complaint and 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 required 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 (S 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. (S 4.10).

They noted that evidence to support the advertising claims and product availability had not been provided 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, 4.04, 4.9, 4.10, 4.27 and 4.28 (a) and (b) of the Code.