Description:
The advertiser’s website advertised a regular size designer sympathy floral arrangement for $68.00 with the option to supersize it for an additional $18.00. In the product description, the bouquet size was noted as, “approximately 55 cm (H) x 40 cm (W)” and also included other additional copy such as, “leave it to the experts” and “includes…a beautiful mix of at least 18 stems of assorted flowers or a single type of flower, like white roses”. The advertisement also included a bolded disclaimer that read: *Note: Actual bouquet will vary from photo.
Complaint:
The complainant alleged the advertisement was materially false and misleading because once she received the floral arrangement, for which she paid a premium to supersize, the actual product was only 14.5 inches in height, which was 33% smaller than the regular sized product as advertised. She also showed an image of a measuring tape indicating that the width of the arrangement was smaller than the regular sized product advertised.
Response:
Although Ad Standards requested a response from the advertiser, there was no response sent to Council.
Decision:
Council acknowledged the existence of a disclaimer putting consumers on notice that the “actual bouquet will vary from the photo”. In this instance, however, this carried little weight in their minds because the average consumer would understand this statement to denote the type and/or colour of the flowers, details that would perhaps be more challenging to predetermine, versus the size, which would be more finite. In addition, this disclaimer does not provide the flexibility to substitute a larger more expensive supersize bouquet with a much smaller less expensive one, in Council’s view.
Council members found that listing the approximate size of the bouquet in the advertisement was detrimental to the advertiser because it created an expectation on the consumer that the listed size is applicable. This put an obligation on the advertiser that may not have been necessary, particularly when considering all of the other additional copy that provided a “leave it up to us as the experts” impression. As one Council member remarked, “use of the term “approximate” doesn’t cure the otherwise misleading execution”.
In light of all of this, Council members unanimously held that the advertisement contained inaccurate, deceptive or otherwise misleading claims, statements, illustrations or representations, in contravention of Clause 1(a) of the Code.
Infraction:
Clause 1(a)
