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ASA Adjudication on Pizza Gogo

Pizza Gogo

Unit 6 Teakcroft
Fairview Industrial Park
Marsh Way
Rainham
Essex
RM13 8UH

Date:

15 August 2012

Media:

Circular

Sector:

Food and drink

Number of complaints:

1

Complaint Ref:

A12-197238

Ad

A voucher, advertising a buy one get one free deal for Pizza Gogo, stated "BUY ONE GET ONE FREE 7 days a week, valid with regular priced medium, large and supersize pizzas only, lower priced pizza is free. not valid with any other offer or margarita". Small print stated "Coupon conditions: only one coupon per order, coupon can not be combined or used in multiple orders, please mention offer when ordering, please present coupon with payment on delivery or collection, offer valid for a limited period".

Issue

The complainant challenged whether the ad was misleading, because he was told that the offer was only valid on weekdays and on collection.

CAP Code (Edition 12)

Response

Pizza Gogo said the coupon clearly stated that the offer was valid for seven days. They said they had not told any of their customers that the offer was valid on weekdays only and did not make offers to mislead their customers.

Assessment

Upheld

The ASA noted the ad stated "BUY ONE GET ONE FREE 7 days a week" and understood that the complainant was told the offer was only valid on weekdays and on collection. We noted Pizza Gogo maintained that the offer was genuine. However, we considered that, because Pizza Gogo could not provide any substantiation to demonstrate that customers had taken up the offer on a weekend, that they had not substantiated the claim. We therefore concluded that the ad was misleading.

The ad breached CAP Code (Edition 12) rules 3.1 and 3.3 (Misleading advertising), 3.9 (Qualification), 8.2 (Sales promotions) and 8.17.1 (Significant conditions for promotions).

Action

The ad must not appear again in its current form. We told Pizza Gogo to ensure that significant qualifications to their offers were made clear in future promotions to avoid disappointment.

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