Description:
The ad, a product listing for a pair of cleats sold by a third party seller appearing on an advertiser’s website, showed two distinctly different models of cleats within the product images.
Complaint:
The complainant found the ad misleading as they could not determine the actual product being sold. The complainant referenced the fact that the listing showed two different brands and styles within the product images, and that there was no mention of size within the product description.
Response:
Although Ad Standards requested a response from the third party seller, there was no response sent to Council.
Decision:
Council considered the complainant alongside the ad provided by the complainant.
In its deliberations, Council noted that the listing showed two side-by-side pictures of different models of cleats. Council members considered that the pictures did not depict the same product, and therefore that one of the pictures was inaccurate. They concluded that the listing made it difficult for consumers to clearly understand which product was being offered. A majority of Council members determined that having two pictures showing different products in a listing was misleading and thereby breached Clause 1(a).
Furthermore, some members considered that the ad also contravened Clause 1(c) as it omitted sizing information, a pertinent detail. However, this was not the prevailing view of Council, which determined that most consumers would understand the product to be one-size-fits-all. As such, the majority of Council members concluded that the advertisement did not contravene Clause 1(c).
For these reasons, Council concluded that the ad breached Clause 1(a) only.
Infraction:
Clause 1(a)
