The website for I Saw It First www.isawitfirst.com, an online clothing retailer, seen on 11 January 2021, depicted an image of a model in a white top and blue jeans. The price “£6.25” was shown below in red text with further black text below which stated “USE CODE: SAVE75”. The product description was displayed below and stated “Mid Wash Distressed Knee B…” and the price “£25.00”.
IssueThe complainant, who understood that the discount code shown was not valid for the product shown, challenged whether the claim “£6.25. USE CODE: SAVE75” was misleading.
ResponseI Saw it First Ltd explained that the overlay was not applicable to the 75% off promotion and was shown in error on that day for a couple of minutes. I Saw it First Ltd further explained that they had added the overlay to a category and were removing the products that were no longer applicable. They stated that going forward they would ensure products were always moved out before promotional updates were completed.
AssessmentUpheld The ASA considered that consumers would understand the claim “£6.25. USE CODE: SAVE75” to mean that the price of the product would be £6.25 when the code SAVE75 was entered. However, we understood that the code, and corresponding promotional discount, did not apply to the product and was shown alongside the jeans in error. Because the ad suggested that the SAVE75 promotional code applicable to the product and that the product could be purchased for the discounted price of £6.25, when that was not the case, we considered 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. (Misleading advertising), 3.17 3.17 Price statements must not mislead by omission, undue emphasis or distortion. They must relate to the product featured in the marketing communication. (Prices), 8.1 8.1 Promoters are responsible for all aspects and all stages of their promotions. 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. (Promotional marketing) and 8.14 8.14 Promoters must ensure that their promotions are conducted under proper supervision and make adequate resources available to administer them. Promoters, agencies and intermediaries should not give consumers justifiable grounds for complaint. (Administration).
The ad must not appear again in the form complained about. We told I Saw it First Ltd to ensure that they did not state or imply that discount codes and discounted prices applied to products if that was not the case.