Ad description
An email from sports supplement company Bulk, seen on 12 May, featured the headline text “THE BIRTHDAY TREATS ARE ALL YOURS”. Further text stated, “please enjoy 45% OFF FULL PRICED ITEMS* [“45% OFF FULL PRICED ITEMS*” in bold]”. The small print at the bottom stated “*Discount is applied to RRP, and excludes accessories, reduced items and selected products. For a full list of excluded products click here [“here” was in bold and underlined]. Minimum spend £30”.
Issue
The complainant, who understood that all products were either reduced or otherwise excluded from the offer, challenged whether the promotion was administered fairly.
Response
Sports Supplements Ltd t/a Bulk said that when the complainant received their email on 12 May, their products were already discounted at varying amounts of up to 75% off. The 45% off birthday promotion could be used against all products on the website apart from a small number of products which were excluded. Any products which were already discounted by more than 45% were available at that lower price to the complainant.
They said they could appreciate that the text “FULL PRICED ITEMS” could be confusing, and they had paused their automated birthday promotions.
Assessment
Upheld
The CAP Code stated that promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Furthermore, promoters must avoid causing unnecessary disappointment.
The ad stated “45% OFF FULL PRICED ITEMS*” and “* … excludes accessories, reduced items and selected products”. The ASA considered consumers would understand from the ad that the birthday promotion did not apply to products already discounted, accessories, or other selected products.
We acknowledged Bulk’s comment that the birthday promotion could be used against all products on the website except for a small number of products which were excluded. However, we understood that all products were either already discounted, accessories, or otherwise excluded at the time the promotion had been available. Because we received no evidence that the birthday promotion could be used by the complainant, we concluded that the promotion had not been administered fairly and was therefore in breach of the Code.
The ad breached CAP Code (Edition 12) rule 8.2 (Promotional marketing).
Action
We told Sports Supplements Ltd t/a Bulk to ensure that future promotions were capable of being used by consumers and their promotions were administered fairly.
