ASA Adjudication on KickBack Sports

Ad

A sponsored search ad for kickbacksports.co.uk, a sports retailer, stated "Up to 70% off in our Summer Sale."

Issue

A complainant, who had been unable to find any goods on their website at 70% off, challenged whether the claim was misleading and could be substantiated.

CAP Code (Edition 11)

Response

Kickbacksports.co.uk (KickBack Sports) said their website had carried a number of items, including selected tennis clothing and rackets, which they said adhered to the "up to 70% off" claim.  They said their pricing policy led to fast moving stock.  They said it was possible that the highest discounted ranges would sell out very quickly and that a time lag in amending their ads could therefore occur.  They said, however, that they would tighten up their procedures as a result of the complaint.

Assessment

Upheld

The ASA considered the ad suggested the prices of all items were reduced to some extent and that a significant proportion were reduced by the maximum 70% rate.  Because KickBack Sports had not supplied evidence that showed that either of those was the case, we concluded that the ad was misleading.

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

Action

The ad must not appear again in its current form.  We welcomed the assurance from Kick Back Sports that they had tightened up their procedures as a result of the complaint.  We told them not to make savings claims unless they held evidence to substantiate them.

Adjudication of the ASA Council (Non-broadcast)