The press advertisement which was accompanied by the Thérapie Clinic logo referred to the following:
“Exclusive to Thérapie Clinic
World's No. 1 Slimming Tea
New & improved formula
Morning & Evening
3 for 2 offer
Now only 29.95
Buy online at Thérapie Clinic
Thérapie Clinic Galway …”
The complainant said she had been misled by the advertisement as she considered the price indicated i.e. €29.95 was the overall cost of the 3 for 2 offer. This was not the case, however, and the price of €29.95 was for one packet of tea only. The total cost of the 3 for 2 offer equated to €59.90.
The advertisers did not respond to the complaint.
The Complaints Committee considered the detail of the complaint and expressed their 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.
In the absence of a response from the advertisers the Committee concluded that the overall cost of the offer should have been indicated in the advertisement and in the circumstances upheld the complaint under Sections 3.10, 4.1, 4.4 and 4.9 of the Code.
The advertisement should not be used in the same format again.