Ad description
The Wholesale Pages website, www.wholesalepages.co.uk, stated, "Wholesale Pages is a leading UK B2B portal. Since our inception in 2003, we have been getting huge savings of up to 90% on retail prices for our members by providing latest, authentic, and up to date wholesalers, dropshippers, distributors, manufacturers, importers, auctions and thousands of other relevant trade resources. Our members include many renowned retailers, eBay power sellers, people working from home, market, carboot (sic) and fair traders, and even individuals looking for a one-off bargain". An ad on the website for an Ansorba Summer Dungarees and Top Set stated, "Wholesale: £18.99. Retail: £38. Profit £19.01. Supplier name - Members only".
Issue
The complainant challenged whether the product was available at the stated price.
Response
Imzee Consulting FZC did not respond to the ASA's enquiries.
Assessment
Upheld
The ASA was concerned by Imzee Consulting FZC's (Imzee) lack of response and apparent disregard for the Code, which was a breach of CAP Code (Edition 12) rule 1.7 1.7 Any unreasonable delay in responding to the ASA's enquiries will normally be considered a breach of the Code. (Unreasonable delay). We reminded them of their responsibility to respond promptly to our enquiries and told them to do so in future.
In the absence of any supporting evidence from Imzee showing that the products they offered were available at the claimed price, we concluded that the price claims were unsubstantiated and therefore in breach of the Code.
The ad breached CAP Code (Edition 12) rules 3.1 3.1 Marketing communications must not materially mislead or be likely to do so. (Misleading advertising), 3.7 3.7 Before distributing or submitting a marketing communication for publication, marketers must hold documentary evidence to prove claims that consumers are likely to regard as objective and that are capable of objective substantiation. The ASA may regard claims as misleading in the absence of adequate substantiation. (Substantiation), 3.28 3.28 Marketing communications that quote a price for a featured product must state any reasonable grounds the marketer has for believing that it might not be able to supply the advertised (or an equivalent) product at the advertised price within a reasonable period and in reasonable quantities. In particular: and 3.29 3.29 Marketers must monitor stocks. If a product becomes unavailable, marketers must, whenever possible, withdraw or amend marketing communications that feature that product. (Availability).
Action
We referred the matter to the CAP compliance team.
