The advertisement was a promotion featured on the Lidl Plus App stating “25% off - All Coolree Creamery range” with further text reading “Receive 25% off all Coolree Creamery range available while stocks last”.
Within the app, under the “information” tab, the promotion specifications were listed and included the following text:
“Use this coupon on your next shop to get the discount stated on the products listed”.
Below this message and under the tab “products included” was a list of products included in the promotion.
The image featured at the top of the promotion pictured the variety of Coolree Creamery yogurt Products listed in the “products included” tab.
Two complaints were received in relation to this advertising.
The complainants stated that when trying to avail of the offer they found that the discount did not apply to the Coolree Creamery products (Milk and Cream) that they were trying to buy. They considered the advertising misleading as the promotion headline stated that it was across “all” of the Coolree Creamery range while exclusions existed.
The advertisers stated that the ‘Information’ text stipulated that the promotion applied ‘on the products listed’ and that this was followed by a list of specific products that were included. They said that this indicated to the consumer that the promotion was qualified to certain products.
The advertisers stated that despite this, they nevertheless acknowledged that elements of the language used in the promotion had the potential to be misleading. The advertisers advised that as such, the advertisement would not reappear in its current form as they had addressed the matter internally to ensure similar advertisements had clear and unambiguous reference to the requirements of any particular promotion.
The Complaints Committee considered the detail of the complaints and the advertisers’ response, including their undertaking to ensure similar advertisements had clear and unambiguous reference to the requirements of any particular promotion.
The Committee noted that while the full promotion details were included in the information tab of the App, the more prominent message of “25% off all Coolree Creamery range” was at the forefront of the promotion.
They considered that the use of the word ‘all’ in relation to the products included, had the potential to mislead consumers as the promotion did not extend to the full product range.
In the circumstances, the Committee considered the advertisement was in breach of Code sections 4.1, 4.4, 4.9 and 4.10.
The advertising should not reappear in its current form. Wording such as ‘all’ should not be used if there are any exclusions or exceptions.