Food & Beverages

The advertisement was an in-store sign advertising an offer entitled “Big Night In”. Beside the name of the offer, it said “€6 Save up to €4”. Below this were several pizzas pictured, sides, and desserts. One of the pictured sides was a garlic bread.

The complainant considered that the advertisement was misleading as they did not carry garlic bread in the Killarney branch of Dunnes Stores.

The advertisers did not provide a response.

Complaint Upheld.

The Complaints Council considered the detail of the complaint. The Council expressed concern at the advertiser’s 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 Council 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).

The Council noted that the promotional material which included a visual of the garlic bread had appeared in the Killarney store. They considered that it was reasonable for consumers to expect that a product would be available in the store in which it was advertised. They noted that evidence to show that the product was available in the store had not been submitted to the ASA and in light of this, and in the absence of a response from the advertisers, the Council 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 must not reappear in its current form.