Description:
A flyer advertised a percentage discount to customers who shopped at their store on a specific day. In addition, the flyer displayed items that were on sale that day. There was a disclaimer on the flyer noting that some restrictions apply on certain promotions.
Complaint:
The complainant claimed he was unable to take advantage of the advertised discount because the offer only applied to regular priced items, however, all of the items he purchased were on sale. He was advised that the discount did not apply to items that were on sale. The complainant challenged the ambiguity of the ad claiming that the disclaimer was insufficient to properly notify customers that the promotional discount applied only to regular priced items.
Response:
In its response to Council, the advertiser submitted that the flyer, which was initially intended to be only 1 page ended up being 4 pages, which inadvertently resulted in the disclaimer being erroneously omitted from the page in which the applicable sale was listed.
Decision:
Council appreciated the advertiser’s response, and considered the complaint
together with the advertiser’s submission.
First, Council determined the language of the disclaimer was insufficiently vague as it did not properly address that the discount offer only applied to regular priced items, and not sale items. One suggestion, Council noted, would have been to say the discount applies to regular priced items only.
In addition, given sale items were excluded from the discount offer, Council was of the view that the disclaimer, which should have explicitly disclaimed sale items, contradicted the ad which featured sale items.
Furthermore, Council addressed the location of the disclaimer in its discussions, which they said was located separately from the advertised discount itself. This, Council concluded, necessitated a ‘call-out’ (such as an asterisk) directing readers to the disclaimer to help them better understand the offer.
In its determination, Council held the advertisement was not clearly and understandably stated, omitted information relevant to consumers’ purchase decisions, and contained an inaccurate and deceptive price discount, in contravention of Clause 1 and Clause 3 of the Code.
Infraction:
Clause 1(a), Clause 1(b), Clause 1(c), Clause 3(a)
