Description:
The advertisement promoted the remaining stock of certain fashion accessories that were being offered at reduced prices because the business was closing, and contained various photographs of said accessories. The write-up in the ad describing the business used various terms and imagery relating to the sale, the founders, and the closure of their business.
Complaint:
The complainant alleged that she ordered a product from this company because she understood, based on the content of the ad, that the advertiser was a local company going out of business and she wanted to support them.
Upon having to return her purchase, the complainant discovered the company was not a local business, but rather a Chinese online company doing business in Canada.
Response:
In its response to Council, the advertiser limited their reply to the customer service issue surrounding the complainant’s refund request, and did not address her concerns relating to the content of the advertisement. The advertiser did confirm that the ad in question is no longer active.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
Given the response from the advertiser solely addressed the customer service piece, Council was left to try to fill in the gaps with the information available to them. There was considerable discussion about the fact that because the ad did not expressly state that the advertised products were made in Canada or that the business was located in Canada, it was difficult to make that determination.
A majority of Council found that the general impression conveyed by the advertisement was misleading because the ad implied the company was a local family business when it is an online Chinese company doing business in Canada.
Council found the imagery played a large part in that determination, noting, “it is reasonable to expect the imagery used in the ad to be reflective of what you are getting…a small craftsman shop and approach”, as did the specific language used in the ad to describe the business and its founders.
Council noted that in today’s economy it is even more important to be transparent around country of origin claims and that this ad implied the business is “a mom and pop shop located down the street and around the corner”, when in fact it is not.
Infraction:
Clause 1(a)
