A television advertisement featured a family shopping in Dunnes Stores.
The screen pans to a sign that says:
"Shrink your bill. Double Savers"
The main voice over states:
“Shrink your bill with Double Savers, new from Dunnes Stores. Where you'll save in the aisle with great prices on your favourite products and then save again at the till with our €10 off €50 grocery vouchers. You could get this full trolly for only €80.12. Shrink your bill with Double Savers, new from Dunnes Stores.”
On screen text that featured in the advertisement stated:
“Terms and conditions apply. Vouchers can be used on next grocery shop of €50 or more.”
The complainant considered that the claim that the Double Savers promotion was new was misleading. They said that it involved products which were on promotion and the vouchers (e.g. €10 off €50) deal which had been in place for some years.
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.
The Committee noted the Code requirements that a marketing communication should not mislead, or be likely to mislead, by inaccuracy, ambiguity, exaggeration, omission or otherwise (4.1); nor should they exploit the credulity, inexperience or lack of knowledge of consumers (4.4); 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 (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 (4.10).
The Complaints Committee noted that the advertisement had stated that the promotion was a new promotion that encompassed an existing promotion of money off vouchers together with a saving on goods in store. The Committee noted that no evidence had been received to demonstrate how the promotion was new and in the light of this and allied to the absence of a response to the complaint, the Committee concluded that the advertising was in breach of Code Sections 3.10, 4.1, 4.4, 4.9 and 4.10.
The advertising must not appear in the current form unless evidence is provided for the claims made in the advertising.