ASA Adjudication on Lidl UK GmbH

Ad

A leaflet for Lidl was headlined "OFFICE USE!" One ad on the leaflet was for a Lervia Cross Cut Shredder priced at £14.99. Large text stated "£25 CHEAPER compared to Argos." The large text was linked to smallprint text which stated "Similar item, Fellowes Cross Cut Shredder, £39.99, Argos Spring/Summer Catalogue 2006 (p544/No.10)".

Issue

Fellowes Ltd challenged whether the comparison of their product with the Lervia shredder was fair because they believed their product was of higher quality with more features.

CAP Code (Edition 11)

Response

Lidl conceded that the Fellowes product had some features which the Lervia did not, but said that theirs also had the capability to shred CDs, which the Fellowes product did not. They believed that in all other respects the two products were generally comparable and that the comparison was valid.

Assessment

Upheld

The ASA noted that although the Lervia and Fellowes products shared the same basic functions of an electric shredder, there were several differences in specification. The Lervia was able to shred five sheets of paper at a time whereas the Fellowes could shred six. The Lervia could shred CDs as well as paper, but the Fellowes had a safety lock; sheet capacity selector; pivoting head; easy grip handle and was front opening. We considered that although the two products performed the same basic functions, their specifications differed in several significant respects. We considered the comparison Lidl made was unfair and misleading.

The ad breached CAP Code clauses 7.1 (Truthfulness), 18.1 (Comparisons - comparative claims should not mislead), 18.2 (Comparisons - products should meet the same needs), 18.3 (Comparisons - objective and representative) and 18.4 (Comparisons - confusion).

Action

We told Lidl not to repeat the ad and to ensure comparisons between products were fair in future.

Adjudication of the ASA Council (Non-broadcast)