ASA Adjudication on News International Ltd

News International Ltd t/a The Times

1 Virginia Street
London
E98 1XY

Date:

11 June 2008

Media:

National press

Sector:

Publishing

Number of complaints:

1

Complaint Ref:

55129

Ad

An ad in the Times for a cutlery set was headlined "Save up to £775 on Viners cutlery Only £125 inc p&p". The body copy stated "Made from quality 18/10 stainless steel, the set can be used in the dishwasher and comes with a 50 year guarantee. Order one set for only £125 (RRP £500) or two sets for only £225 (RRP £1000) ... ".

Issue

The complainant challenged whether the Recommended Retail Price (RRP) of £500 per set was genuine.

CAP Code (Edition 11)

Response

News International Ltd (News International) confirmed that the RRP was £500. They said the 84-piece set was made from best quality 18/10 stainless steel and had a 50-year manufacturer's guarantee. They sent a link to the Viners website where the 84 piece Eden cutlery set was on sale for £250 with an RRP of £500. They included a letter from Oneida, the owner of Viners, that said the set was on sale at the full RRP of £500 in selected department stores, but that they had not sold a single set at that price. Oneida underlined that during promotional seasons there may be occasions when the set was sold for less than the RRP, and added that it was not possible to control the pricing policy of any retailer.

Assessment

Upheld

The ASA considered the evidence sent by News International. We noted that the cutlery set was sold in the Viners official online shop for £250. We noted Oneida's assertion that the set was on sale in selected department stores for £500. However, because they did not send evidence to show that the Eden 84 piece cutlery set had been generally sold at the advertised RRP of £500 before the ad's publication, we concluded the RRP was not genuine and the ad was misleading.

The ad breached CAP Code clauses 7.1 (Truthfulness) and 15.5 (Prices).

Action

We told News International to ensure the RRP reflected the price at which the product was generally sold.

Adjudication of the ASA Council (Non-broadcast)

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