Description:
A sponsored post appearing on the complainant’s social media feed offered a selection of styles at a discounted price for a Black Friday event.
Complaint:
The complainant challenged that the ad was misleading as they found that the item pictured in the ad was not part of the promotion and therefore not eligible to the discount.
Response:
The advertiser explained that the style shown in the ad was an automated product display, based on factors such as the user’s social media and shopping behaviour as well as the advertiser’s top selling products. They also added that the ad clearly indicated that the offer was applicable to “select styles”.
Decision:
Council considered the ad as well as the advertiser’s response. They understood that products shown on social media feeds can vary based on a customer’s purchasing habits. However, Council was of the view that when advertising a specific discount such as a Black Friday promotion, the customer would understand the pictured item to be part of the deal. The addition of “select styles” did not correct this misleading impression. For these reasons, Council unanimously found that the general impression of the ad was misleading and therefore contravened Clause 1(a) of the Code. Council members also unanimously found that the ad contravened Clause 3(a) of the Code by including a deceptive discount.
Infraction:
Clause 1(a), Clause 3(a)
