ASA Adjudication on dabs.com plc

Ad

A direct mail brochure, for computers, included a Sony VAIO VGN-AW41MF laptop, which was labelled “£789.00”. Text on the opposite page stated “ … Check www.dabs.com for latest prices”.

Issue

The complainant challenged whether the ad was misleading because, having visited the dabs.com website, he believed the laptop was not available at the advertised price.

CAP Code (Edition 11)

Response

Dabs.com said the price in the ad was incorrect; the VAT-exclusive price had been included as the result of an error, however, all of the other prices in the brochure had included VAT.

They explained that the prices the complainant had seen on their website did not equate to £789 plus VAT because their prices were subject to regular fluctuation and could change daily, which was the nature of a competitive industry that operated in a live environment. Dabs.com said the prices could have changed since the ad had gone to press but pointed out that the ad stated " ... Check www.dabs.com for latest prices". They said they were prepared to amend the ad, which was not intended to mislead.

Assessment

Upheld

The ASA noted the incorrect price had been included in the ad in error but that the published price was nevertheless likely to fluctuate. We considered consumers would expect an advertised price to be correct at the time they saw an ad; it should reflect the price at which the laptop was sold while the ad was in circulation.

We considered the text " ... Check www.dabs.com for latest prices" did not make sufficiently clear that the prices in the ad were subject to regular change; we considered that a brochure was an unsuitable medium for advertising their products because it was likely to remain in circulation after prices had changed. Because the laptop was not available at the advertised price, we concluded that the ad was misleading.

The ad breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness) and 15.1 (Prices).

Action

The ad must not appear again in its current form. We told dabs.com to ensure that prices were correct at the time of publication and that goods continued to be available at the advertised price while an ad was in circulation.

Adjudication of the ASA Council (Non-broadcast)