Ad description

A TV ad, for Debenhams, featured a voice-over, which stated, "The Debenhams Half Price Sale. With fabulous savings." Accompanying on-screen text stated "fabulous savings". The names of the following departments were also displayed on screen "BEAUTY & FRAGRANCE MENSWEAR ACCESSORIES HOME CHILDRENSWEAR WOMENSWEAR LINGERIE". The voice-over continued, "Instore and at Debenhams.com. Now on." Accompanying on-screen text stated "DEBENHAMS HALF PRICE SALE Now on instore. online. mobile. App".

Issue

The complainant challenged whether claim "DEBENHAMS HALF PRICE SALE Now On" was misleading, because they understood that many items were reduced by less than 50%.

Response

Debenhams Retail plc (Debenhams) said the promotion complied with BIS (Department for Business, Innovation and Skills) Pricing Practices Guide (the Guide). They pointed out that the Guide recommended that notices, such as "half price sale", should not be used unless the maximum reduction quoted applied to at least 10% of the range of products on offer at the commencement of the sale. They confirmed that the maximum reduction of 50% applied to over 10% of the range of products on offer in each department and the store as a whole.

Clearcast said that, prior to approval of the ad, Debenhams provided written confirmation that the sale would feature items with up to a 50% reduction on the original ticket price. They said the ad did not feature any specific products or ranges and believed it communicated that the half-price sale event was available. They pointed out that the ad did not state that all products would be available with a 50% reduction and believed consumers would understand that.

Assessment

Not upheld

The ASA noted the BIS Pricing Practices Guide was not binding on traders, the Courts or the ASA, but was to be taken into account, as the BCAP Code made clear. The Guide recommended that notices, such as "half price sale", should not be used unless the maximum reduction quoted applied to at least 10% of the range of products on offer at the commencement of the sale.

We noted the ad referred to various Debenhams departments. In conjunction with the references to the half price sale and "fabulous savings", we considered consumers would understand the ad to mean that a half price sale was available at Debenhams within the departments referred to in the ad. Furthermore, we considered consumers would understand that a reasonable number of items within the product ranges were available at the maximum discount of 50%. Because the maximum reduction of 50% applied to over 10% of the range of products on offer in each department and the store as a whole, we considered the ad was not likely to mislead consumers. On that basis, we concluded that the ad did not breach the Code.

We investigated the ad under BCAP Code  3.1 3.1 Advertisements must not materially mislead or be likely to do so.  and  3.2 3.2 Advertisements must not mislead consumers 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 consumers need in context to make informed decisions about whether or how to buy a product or service. Whether the omission or presentation of material information is likely to mislead consumers depends on the context, the medium and, if the medium of the advertisement is constrained by time or space, the measures that the advertiser takes to make that information available to consumers by other means.
 (Misleading advertising) and  3.18 3.18 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product or service depicted in the advertisement.  (Prices) but did not find it in breach.

Action

No further action necessary.

BCAP Code

3.1     3.18     3.2    


More on