Tesco Stores Ltd Tesco House Delamare Road Cheshunt EN8 9SL Number of complaints: 2

Date: 20 August 2008 Media: National press Sector: Retail

Ad
Two national press ads for Tesco.

a. The first ad showed a shopping trolley full of goods.  Text stated "Asda £76.15  Tesco £49.59  Why pay more at Asda?  Includes Tesco products on promotion".  Text in small-print stated "Products shown: Finish Powerball 5in1 Tablets Lemon 30 Pack/618g, Airwick Electrical Morning Mist, Whiskas Oh So Meaty Succulent Selection 12x85g, Bold Apple Blossom Lime Zest Powder 30 Wash 2.85kg, Bakers Complete Gravy Bites 2 in 1 Beef & Veg 3kg, Sharwoods Black Bean & Red Pepper Sauce 425g, Pepsi Max 6x330ml Pack, Domestos Bleach 2L, McVitie's Jaffa Cakes Triple Pack 36s, Candarel Granular Sweetner 75g, Stella Artois 10x330ml Bottles, Dettol All Purpose Cleaner Green Apple 1L, Tesco Healthy Living White Mature Cheese 250g, Kellogg's Bran Flakes 500g, Aunt Bessie's Toad In The Hole 190g, Nescafe Gold Blend Coffee 200g, Nestle Nesquik Cereal 375g, Thirst Pockets Kitchen Towel White 2 Roll, Dettol Neutra-air Aerosol 300ml Pure Air, HP Classic BBQ Sauce 430g, McVitie's Light Milk Chocolate Digestives 300g, McVitie's Light Rich Tea 300g, Tesco Healthy Eating Skimmed Milk 2.272L 4 Pints, Napolina Penne 500g, Tesco Fresh Beef Steak Mince 250g, Richmond 12 Skinless Pork Sausages 319g, Tesco Free Range Eggs Very Large Box of 6, Bananas Loose, Tesco Broccoli 300g, Tesco Tomatoes 6 Pack, Walkers Ready Salted 6 Pack.  All products subject to availability at selected UK stores.  Prices checked on www.asda.com on 11th January 2008".

b. The second ad also showed a shopping trolley full of goods and stated "Morrisons £75.11  Tesco £49.58  Save a trolley-load of cash at Tesco.  Includes Tesco products on promotion".  Text in small-print stated "Products shown: Andrex Toilet Tissue White 9 Rolls.  Fresh Beef Mince 500g.  Baking Potatoes Pack 2.5kg.  Bold Lavender and Camomile 30 Washes/2.85Kg.  Bounce Summer Breeze 40 sheets.  Whole Cucumber.  Domestos Bleach 2 Ltr.  Douwe Egberts Pure Gold Coffee 100g.  Finish Powerball 5 in 1 tablets Regular 30 Pack 618g.  Flora Pro-Activ Light Spread 500g.  Fosters Lager 12X440ml cans.  Heinz Top Down R/S & Salt Tomato Ketchup 500g.  Hovis Square White Invisible Crust 800g.  HP Classic BBQ Sauce 430g.  Johnsons Baby Lotion 300ml.  Kelloggs Bran Flakes 500g.  KP Hula Hoops Assorted 12 Pack.  McVities Light Milk Chocolate Digestives 300g.  Napolina Chopped Tomatos [sic] 4X400g.  Original Source Mint Shower Gel 250ml.  R Whites Lemonade 2Ltr bottle.  Richmond 12 Skinless Pork Sausages 319g.  Slimfast Chocolate Drink 325ml bottle.  Tesco Healthy Eating Semi Skimmed Milk 2.272Ltr 4 Pints.  Tesco Free Range Eggs Very Large Box of 6.  Tesco Red Leicester 250g.  Thirstpockets Litchen Towel White 2 Roll.  Typhoo 160 Teabags 500g.  Whiskas Oh So Fishy/Meaty Favourite 12X85g.  Selected UK stores.  Subject to availability.  Prices checked at Morrisons Enfield store on Friday 18th of January 2008".

Issue
The ASA received two complaints.

1.  One complainant challenged whether the price comparison in ad (a) was misleading and

2.  one complainant, who pointed out that Tesco had included their promotional prices in the comparison, challenged whether the price comparison in ad (b) was misleading.

The CAP Code:

3.1;6.1;7.1;18.1;18.3

Response
1. & 2. Tesco explained that both ads clearly included a list of the products compared and stated where and when the products were bought; they sent copies of till receipts to show that the prices were correct on the days stated.  They said the comparisons included a number of Tesco 'own label' products that most customers routinely bought, for example, eggs, meat, cheese, fruit and vegetables, and said in each case they had chosen their competitors' nearest equivalent product.  They pointed out that the prices of the 'own label' products were identical or similar across all retailers, which they believed demonstrated that the closest equivalent products had been chosen.

Tesco submitted details of their competitors' products used in the comparisons and confirmed that all of the products compared were the identical size and quantity.  They also confirmed that some of the Tesco products used in the comparisons were on promotion at the time the ads were published and highlighted those products for the ASA.  They believed none of their competitors' products prices were promotional.  They explained, however, that both ads made a statement in the body copy to clarify that the comparisons included Tesco products on promotion; they believed, therefore, the basis of comparison was clear in both cases and consumers would not be misled about which products were being compared or the basis on which the comparisons were made.

Tesco explained that the ads were not: intended to represent a shopping basket survey; to demonstrate a typical and representative selection of consumer goods; or illustrate a comprehensive survey of prices.  They said the ads made comparisons between a number of named products and, in their view, provided a snapshot of the savings that customers could make by buying clearly identified, specific products at Tesco rather than from their competitors.

Tesco confirmed that they had received no complaints directly from either competitors or consumers.

Assessment
1. & 2.  Upheld
The ASA noted both ads listed the Tesco products used in the comparison.  We also acknowledged that the evidence submitted demonstrated that the goods were of an equivalent size and quantity and were purchased on the days stated in the ads.

We acknowledged Tesco's argument that the comparisons related to specific products only and that they did not intend to imply general savings in either ad.  We considered, however, that readers would infer from the claims "Why pay more at Asda" and "Save a trolley-load of cash at Tesco" in ads (a) and (b) respectively and the visuals, shopping trolleys full of goods, that Tesco was generally cheaper than either of their competitors.  In view of that likely interpretation, we considered that the comparisons should include a fair and representative selection of goods.

We noted Tesco's comment that the comparisons included a number of products that most customers routinely bought and we acknowledged that they included stalwarts such as milk, eggs, meat, cheese and a selection of fruit and vegetables.  We also noted, however, the comparisons included a number of domestic household products and other goods which, we considered, were not representative of a consumer's typical shopping basket; the Tesco products which resulted in the greatest savings included, for example, Finish Powerball 5in1 Tablets 30 pack, Bakers Complete Gravy Bites dog food 3kg, Airwick Electrical Morning Mist air freshener, Whiskas cat food 12 tins, Bold 30 washes and Bounce laundry 40 washes products.  Therefore, although we appreciated that Tesco had included a full list of the products used in both ads, we considered that the comparisons had been made between an unfair selection of goods.

We also noted, in both cases, the comparisons included the promotional price of many of the Tesco products and the everyday price of their competitors' products.  Although we noted both ads clearly stated "Includes Tesco products on promotion", we considered that that disclaimer did not go far enough to remove the implication given by the headline claims that Tesco was generally cheaper than either of their competitors.  Nor did we consider that it explained adequately to consumers that the savings were representative of a comparison between promotional prices and everyday prices and could only be achieved for a limited time; they were therefore not representative of the savings consumers could generally expect from Tesco.

We concluded that both ads were likely to mislead.

On both points, the ads breached CAP Code clauses 3.1 (Substantiation), 7.1 (Truthfulness), 18.1 and 18.3 (Comparisons with identified competitors and/or their products).

Action
The ads must not appear again in their current form.

Adjudication of the ASA Council (Non-broadcast)