Advertisment
The advertisement offered professional dry-cleaning services which included a special offer: ‘Two-Piece Suit (Special Offer)…..€11.’
Complaint
The complainant stated that the advertisers’ website advertised a special offer of €11 for the dry cleaning of a two-piece suit. The complainant stated that, after leaving a two-piece suit in for cleaning, they were charged €19 on collection. They further stated that a staff member informed them that the website price was out of date, but the €11 offer remained displayed on the website.
Response
The advertisers did not provide a response.
Conclusion
Complaint Upheld
The Independent Complaints Council considered the detail of the complaint. The Council 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 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); 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); and that promoters are responsible for all aspects and all stages of their promotions (5.3). The Council also noted the requirement of the Code that presentation of sales promotions and the associated publicity should not mislead consumers (S. 5.5).
They noted that the price quoted in the advertising was a promotional offer and that the complainant had been advised that it was ‘out of date’. The Council considered that the impression created by the advertising on the website was that the price was live. As the advertised price was no longer available, and in the absence of a response from the advertisers, the Council considered that the advertising was likely to mislead consumers and was in breach of Code Sections 3.10, 4.1, 4.4, 4.9, 4.10, 5.3 and 5.5 of the Code.
Action Required: The advertisement must not reappear in its current form.
