ASA Adjudication on kgb (UK) Ltd
kgb (UK) Ltd
Sterling House
Malthouse Avenue
Cardiff Gate Business Centre
Cardiff
CF23 8RA
Date:
13 June 2012
Media:
Internet (sales promotion)
Sector:
Leisure
Number of complaints:
1
Complaint Ref:
A12-191305
Ad
A sales promotion on kgbdeals.co.uk, stated "£34.99 for a pair of Emma short sheepskin-lined boots worth £68.54 from BearPaw Boots - save 49% on these winter warmers, available in three fabulous colours!".
Issue
The complainant challenged whether:
1. the claim "worth £68.54" was misleading and could be substantiated; and
2. the image was misleading, because the photograph was not of the exact product on offer.
CAP Code (Edition 12)
Response
1. Kgb (UK) (kgb) said prior to running the deal they checked the price of the product online and submitted a screenshot of the "Emma" boots available online from a retailer for £68.54. They said that was the price upon which they based their value claim and explained there were seasonal price variations on items of clothing, particularly for winter boots.
2. They stated they featured two different styles of boot on the deal at the same time and that photographs of both styles of boot alternated on the website every few seconds. They said they were informed by the merchant that both photographs accurately represented the style of each boot that was being advertised and therefore they did not consider the images were misleading.
Assessment
1. Upheld
The ASA noted the ad stated the original price of the Emma boots was £68.54, and considered that consumers would therefore expect that the product was usually sold at that price. We understood that the product was for sale on the US based Bearpaw website for the equivalent of £40. Whilst kgb did submit a screenshot of a retailer selling the product for £68.54, we had not received robust evidence to demonstrate that that was the price at which the product was generally sold. We therefore concluded that, because kgb had not substantiated the recommended retail price claim, the offer in the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising), 3.7 (Substantiation), 3.17 (Prices) and 3.40 (Price comparisons).
2. Upheld
We noted kgb said they featured two different styles of boot on the deal, however, we had seen no evidence of that and we noted the text in the ad only referred to the "Emma short sheepskin-lined boots". We noted the image used on the ad was that of the "Abigail short sheepskin-lined boots", which we understood were sold at a higher price than the "Emma" boots on the Bearpaw website. Because the photograph was not of the exact product for sale, we concluded the ad was misleading.
The ad breached CAP Code (Edition 12) rules 3.1 (Misleading advertising) and 3.7 (Substantiation).
Action
The ad must not appear in its current form again. We told kgb to ensure that recommended retail prices reflected the price at which a product was generally sold in future and to ensure images were of the exact product on offer.
