Description:
The advertisement promoted a sale to its members offering markdown prices for select in stock merchandise at participating store locations while supplies last.
Complaint:
The complainant challenged the accuracy of the advertisement because when she went to one of the participating store locations a week later, they would not honour the promotion despite confirming there was still merchandise in stock.
Response:
In its response to Council, the advertiser submitted that one would not reasonably assume that a short-term retail sale would remain valid longer than a week, particularly for a clearance-style promotion, and that the advertiser informed the public on social media when the sale had ended.
Decision:
Council appreciated the advertiser’s response and considered the complaint together with the advertiser’s submission.
Council members were of the view that it was unreasonable to expect consumers to assume the expiration of a sale and that this information needed to be included in the advertisement.
Council members noted that the language used in the advertisement was ‘while supplies last’ and therefore, it would be reasonable for consumers to assume that the advertised sale would continue until such time as the advertiser sells out of the promotional merchandise.
Furthermore, Council members found that it was insufficient to inform the public about the end of the sale on social media given that was a completely separate mode of communication than the email advertisement sent to its members.
For all these reasons, Council members unanimously held that the advertisement contained a misleading representation in contravention with Clause 1(a) of the Code.
Infraction:
Clause 1(a)
