The offer by Educogym, Limerick, on Livingsocial.com included the following:
Three Personal Training Sessions with Nutritional Consultation, Weigh In, and Body Fat Analysis €19…The road to fitness can be long and hard. Move just €19 (a €150 value) in our direction and thanks to today’s deal from Educogym on the Ennis Road in Limerick, you don’t have to go it alone…”
The special offer section on the advertisers’ own website offered those interested in becoming members to:
“Get a 1 week trial for €50 that’s a saving of €75 on the normal value…”
The complainant considered the advertising to be misleading. He said that on the one hand the advertisers had indicated that if consumers paid €19 through Livingsocial.com they were getting a package valued at €150. On the other hand, on their own website the advertisers had offered a one week gym trial for €50 with a saving to be made of €75, bringing the maximum weekly subscription to €125. The complainant queried the prices quoted and considered that one had to be incorrect.
The advertisers failed to provide a response to the complaint.
The Complaints Committee considered the detail of the complaint. The Committee 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. In the absence of a response from the advertisers the Committee upheld the complaint.
The advertisement must not reappear in its current form.