Ads must be prepared with availability in mind to avoid misleading and disappointing consumers, both for general product availability, but also promotions. However, this can be tricky, because there can be a surprise demand for a product after an ad has already run. What can (and should) advertisers do when the unexpected happens?
This article examines key issues of availability that arose in one case of three (or so…) ads.
Don't leave consumers high and dry
The ASA investigated three ads for a promotion for six-bottle cases of Prosecco during a summer bank holiday, after receiving complaints from people whose local stores had run out of stock. These ads were on the marketer’s own website, an in-store leaflet, and radio. All three ads contained a disclaimer that the offer was “subject to availability” or “while stocks last”.
Advertisers must make a reasonable estimate of the likely demand for their products and be able to demonstrate that they have done so. Forecasting from previous promotions on the same products, considering the scale of advertising, can be a useful place to start.
The marketer had not previously advertised any sales on Prosecco, so they analysed their previous sales figures for promotions of similar alcoholic beverages to estimate the likely demand for the product. They then accounted for the increased popularity of Prosecco and purchased extra stock. After the promotion ended, they still had 18,500 bottles remaining. Based on this, the ASA concluded that the marketer had made a reasonable estimate of demand, even though some specific stores had run out. However, they still had to monitor their stocks, in case there were any surprise surges in demand.
Clock stock for shock flocks
These ads weren’t the only material promoting this sale. The marketer had also advertised the promotion in local and national newspapers and posted an ad for the promotion on social media. The latter was unexpectedly reposted by a very popular account, creating more consumer interest, and significantly increasing traffic to their social media account.
The marketer took some steps to withdraw their ads to limit consumer interest when they realised that demand was even higher than they had forecast, such as removing their original social media post. They were unable to remove the radio ad from broadcast, as they had only noticed the surprise uplift in sales halfway through the two-day promotion.
Talk the talk
When an advertiser has reasonable grounds to believe that they might not be able to supply the product at the advertised price, they must make clear that stock is limited. Furthermore, if faced with an unexpectedly high demand, promoters must ensure timely communication with consumers.
In this case, the marketer did not attempt to communicate to consumers that demand might exceed supply in some locations, which it did. Since the offer had been promoted on their website and social media, the ASA considered that they should have used those same channels to inform consumers that stock had become limited.
Even though all three ads contained a phrase such as “subject to availability”, this did not relieve them of their obligation to do everything reasonable to avoid disappointing consumers.
Great expectations (with qualifications)
Finally, neither the website nor radio ad contained information that the availability of the offer was further limited, as consumers were restricted to one case each. The ASA considered that this restriction was significant and should have been made clear in the ads.
The leaflet stated that the product on offer was a six-bottle case of Prosecco, including an image of a case, and contained small print that stated, “Maximum 6 of each item per customer”. The ASA considered that consumers would interpret this claim, along with the image of the product, that the small print meant that the offer was limited to six cases of six bottles per consumer, rather than one case of six bottles.
Case closed
A useful case study offering a deep dive into some key issues related to availability, but there are no limits to the advice you can find on the ASA website. The AdviceOnline library entries on Availability and Promotional Marketing: Availability are a good place to start. For non-broadcast ads, our Copy Advice team are available to assist.
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