ASA Adjudication on Tesco Stores Ltd

Ad

A poster, for Tesco, stores, showed an iPod in a Technika docking station. Text next to the picture stated "£74.98" with "£149.97 £99.97" crossed through. Below text stated "iSave 50%". Small print at the bottom of the poster stated "Selected Discount Brands products and new price cuts available in +1500 stores. Selected UK stores. Subject to availability. Delivery charges may apply when bought online. While stocks last. Ipod [sic] not included ...".

Issue

Three members of the public believed the poster was misleading, because it implied the iPod nano was included in the price.

CAP Code (Edition 11)

Response

Tesco Stores (Tesco) said the iPod was shown installed in the speaker unit for illustrative purposes only and believed this was no different from other iPod docking station advertising.  They believed they had gone further than other advertisers by including small print at the foot of the poster, which stated that the iPod itself was not included in the offer.  They also believed that consumers generally would not expect the iPod, with a retail value of between £100 and £150, to be included in the offer price of £74.98.  However, Tesco said, although they did not believe the poster was misleading, they would nonetheless consider including a clear description of the product for sale below the illustration in any future similar advertising.

Assessment

Upheld

The ASA acknowledged that websites advertising a docking station commonly showed an iPod installed in the unit.  However, we noted the poster showed the docking station and the iPod without any explanation of what was actually being offered for sale at the advertised price.  Because the main body of the poster featured merely an illustration and a price, we considered that it did not explain adequately what was included in the promotion and therefore that consumers were likely to believe that the offer included both the docking station and iPod.  We noted the small print stated "Ipod [sic] not included" but considered that it was not sufficiently prominent to ensure it was not overlooked by consumers and, furthermore, that it contradicted the impression given by the picture that the iPod was part of the advertised offer.  We concluded that the poster was likely to mislead.

The poster breached CAP Code clauses 7.1 and 7.2 (Truthfulness) and 15.1 (Prices).

Action

The poster must not appear again in its current form.   We welcomed Tescos assurance that they would give clear descriptions of the items on offer in future similar advertising.

Adjudication of the ASA Council (Non-broadcast)