Description:
A screenshot of the advertiser’s website page depicted various products for sale together with the price listed under each respective product. No currency was listed with each price or elsewhere on the website page.
Complaint:
The complainant alleged the advertisement was misleading because the website appeared to be a Canadian website, however, it did not state the advertised prices were in U.S. dollars until the checkout page, which she inadvertently missed before making her purchase.
Response:
In its response to Council, the advertiser submitted that the website is operated exclusively by a U.S. based entity and does not present itself as a Canadian-targeted platform, nor does it use markers that would reasonably imply the prices displayed are in Canadian dollars.
Furthermore, the advertiser’s terms of sale, which are publicly accessible on their website, expressly state that a U.S. entity is responsible for all sales conducted through the platform.
Additionally, that the checkout process specifies USD before the consumer completes the transaction so is clearly indicated at the time of purchase, resulting in pricing information that is transparent and not misleading.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
Council members noted that while the website was a .com URL, the screenshot provided by the complainant included ‘CA | EN’ in the navigation bar next to the brand name. When looking at the current website, in Council’s view, this strongly suggests consumers are on an English Canadian version of the advertiser’s website and thus can expect the prices listed are in Canadian currency, unless expressly stated otherwise.
In addition, Council found that referencing the currency only in the terms and conditions and at checkout was insufficient. Currency makes a big difference in actual price, according to one Council member, and therefore the pricing terms on which consumers can purchase the advertised products should be displayed at the time they are viewing the products with their respective prices, which is when consumers are making their purchase decision.
In its determination, Council unanimously held the advertisement conveyed a misleading general impression in contravention of Clause 1(a) and omitted to disclose the currency as required under Clause 3(c) of the Code for prices quoted other than in Canadian funds in Canadian media.
Infraction:
Clause 1(a), Clause 3(c)
Advertiser's Verbatim Statement:
Polène respects the self-regulatory process administered by Ad Standards. Following Council’s decision, Polène has permanently amended its website configuration to ensure that consumers selecting Canada are redirected exclusively to a dedicated Canadian website displaying prices in CAD currency. The prior link has been removed. Polène remains committed to transparency and clarity in its communications and appreciates the guidance provided through this process.
