Description:
Two similar advertisements were posted by the advertiser, each on a different social media platform. Both advertisements offered a free small cheese pizza ‘with any purchase through the app or in-store’ when using the seven-digit code that was included in the ad. Ad 1 further qualified the offer by stating “minimum purchase applies” in a pinned post by the advertiser that appeared beneath the ad. Ad 2 omitted a reference to a minimum purchase requirement, but in response to a comment on the post, the advertiser clarified that the minimum purchase required was $4.99 for pick up and $9.99 for delivery + tax.
Complaint:
The complainant alleged that the advertisements were deceptive because they didn’t state the fact and/or nature of the minimum purchase, further noting that ‘any purchase’ could be perceived to mean something inexpensive such as a pop.
Response:
In its response to Council, the advertiser was unsure of what had occurred in this particular instance and advised that the promotional offer being advertised was supposed to be free with any purchase, and that even a pop should have qualified.
Decision:
Council appreciated the advertiser’s response, and considered the complaint together with the advertiser’s submission.
In its review of the advertisements, Council members found they were left with the question, “what is the minimum purchase and what does it apply to?”. This was not properly qualified, according to Council. In addition, Council members also found that stating both, ‘any purchase’ and ‘minimum purchase’ was contradictory and caused confusion in understanding the offer. According to Council, “any means any” and could have been easily rectified by stating the minimum $5 requirement.
All of this, Council unanimously determined, omitted relevant information resulting in an advertisement that was deceptive or misleading, in contravention with Clause 1(b) of the Code.
Infraction:
Clause 1(b)
