Telecommunications

The advertisement was a product listing by the advertisers, a third-party retailer, for branded wireless earbuds and a charging case.

The product description on the webpage included reference to a manufacturer warranty against manufacturing defects for one year beginning on the purchase date”.

The complainant considered the advertising to be misleading as upon trying to register for the advertised warranty, they were advised by the manufacturer that the product was not eligible as it was two year old stock.

The advertisers failed to provide a response to the complaint.

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 claims in the advertising had not been provided to the ASAI and in light of this and in the absence of a response from both parties, the Committee concluded that the advertisement was in breach of Code sections 4.1,4.04, 4.9, and 4.10 of the Code.

Action Required:
The advertisement should not reappear in its current form.