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ASAI Code 7th Edition: 2.4(c), 4.1, 4.4, 4.9
The leaflet referred to the following:
“Super Savers! Fresh Favourites at Sensational Prices!”
“From Mon – Wed 7th – 9th March
Sweet Potatoes 39c each (page 2)
Thurs – Sun 10th – 13th March
Fresh Irish Turkey Breast Mince €2 each” (packet) (page 3)
Page 4 of the brochure recommended various food combinations for a “Midweek Menu”. Under the heading “Affordable Suggestions for Family Favourites” one of the suggested dishes was “Turkey burger with sweet potato fries” the cost of which was indicated as being “Under €4”. The items required for the meal were detailed as follows :
“Fresh Irish turkey breast mince €2.00*
6 Seeded burger buns 75c*
Sweet potatoes 39c*
*See page 2-3 for availability dates. Estimated total cost”.
The complainant said that while the ingredients required to make the meal had been priced as specified on separate days, it was not possible to buy them all on the same day for less than €4. For example she said for the three days that the sweet potatoes cost 39c each, the minced turkey retailed at €3.15 per packet. For the four days that that the minced turkey cost €2.00 per packet the sweet potatoes retailed at €1.39 per Kg. The complainant acknowledged that the cost of the food items had been asterisked to a footnote which indicated that the cost of the meal was an “estimated total cost”, nevertheless, the complainant considered the advertising to be misleading as the items required to create the meal could not be purchased for under €4 at the same time.
The advertisers said that having reviewed the complaint in the light of their advertising they considered it to be unjustified. They said they had indicated that the suggested combinations of products were subject to availability dates, which, as indicated by the complainant, had been set out in pages two and three of the leaflet. They said the items required to make the meal could have been purchased on the dates indicated as outlined in the leaflet.
In the interest of clarity, however, the advertisers made some changes to their advertising, the caption now reads “Meal inspirations from this week’s Super Savers…”
Complaint not upheld.
The Complaints Committee considered the details of the complaint and the advertisers’ response. The Committee noted that the advertisers had referred to their menu as a ‘Midweek Menu’ and that the ingredients referred to had been available to purchase on different days throughout the week. They accepted that the meal could be made for the prices indicated and that the advertising had stated on another page that consumers should check an earlier page for availability dates.
The Committee also noted that the advertisers had amended their presentation to ensure greater clarity. The Committee decided that the advertising had not breached the Code.
The Committee welcomed the greater clarity provided by the advertisers and no further action was necessary.