Ad description
A voucher, advertising a buy one get one free deal for Pizza Gogo, stated "BUY ONE GET ONE FREE 7 days a week, valid with regular priced medium, large and supersize pizzas only, lower priced pizza is free. not valid with any other offer or margarita". Small print stated "Coupon conditions: only one coupon per order, coupon can not be combined or used in multiple orders, please mention offer when ordering, please present coupon with payment on delivery or collection, offer valid for a limited period".
Issue
The complainant challenged whether the ad was misleading, because he was told that the offer was only valid on weekdays and on collection.
Response
Pizza Gogo said the coupon clearly stated that the offer was valid for seven days. They said they had not told any of their customers that the offer was valid on weekdays only and did not make offers to mislead their customers.
Assessment
Upheld
The ASA noted the ad stated "BUY ONE GET ONE FREE 7 days a week" and understood that the complainant was told the offer was only valid on weekdays and on collection. We noted Pizza Gogo maintained that the offer was genuine. However, we considered that, because Pizza Gogo could not provide any substantiation to demonstrate that customers had taken up the offer on a weekend, that they had not substantiated the claim. We therefore concluded that the ad was misleading.
The ad breached CAP Code (Edition 12) rules
3.1
3.1
Marketing communications must not materially mislead or be likely to do so.
and
3.3
3.3
Marketing communications must not mislead the consumer by omitting material information. They must not mislead by hiding material information or presenting it in an unclear, unintelligible, ambiguous or untimely manner.
Material information is information that the consumer needs to make informed decisions in relation to a product. Whether the omission or presentation of material information is likely to mislead the consumer depends on the context, the medium and, if the medium of the marketing communication is constrained by time or space, the measures that the marketer takes to make that information available to the consumer by other means.
(Misleading advertising),
3.9
3.9
Marketing communications must state significant limitations and qualifications. Qualifications may clarify but must not contradict the claims that they qualify.
(Qualification),
8.2
8.2
Promoters must conduct their promotions equitably, promptly and efficiently and be seen to deal fairly and honourably with participants and potential participants. Promoters must avoid causing unnecessary disappointment.
(Sales promotions) and
8.17.1
8.17.1
How to participate
How to participate, including significant conditions and costs, and other major factors reasonably likely to influence consumers' decision or understanding about the promotion
(Significant conditions for promotions).
Action
The ad must not appear again in its current form. We told Pizza Gogo to ensure that significant qualifications to their offers were made clear in future promotions to avoid disappointment.
