Ad description

A promotional e-mail, for Sports Direct, included the claims "DAILY DEAL TODAY ONLY Slazenger Mens [sic] Sweatpants £2.29 UP TO 90% OFF".  The ad showed the price "£22.99" crossed out and included a "BUY NOW" button.

Issue

The complainant challenged the availability of the advertised product, because on clicking through to the website the sweatpants were not shown and the alternative products were more expensive.

Response

Sports Direct said they had 42,000 of the sweatpants in stock on the day of the promotion.  Around 2,000 of them were in stores and therefore approximately 40,000 were available to customers who used their website.  They provided details of the number of pairs of sweatpants sold per hour on that day, from the time the e-mail was sent to consumers at approximately 9.30 am.  They also provided details of the total number of sales that included the sweatpants and explained that they still had limited quantities of the item in stock three weeks later.  Sports Direct said the e-mail included a live link that took consumers to the website and therefore if the complainant clicked on the link after the promotion had ended, he would have been taken to the same item, but at the price that applied following the promotion.

Assessment

Not upheld

The ASA noted the sales information submitted by Sports Direct, which stated that 3,618 pairs of the sweatpants were sold on the day of the promotion.  We noted that there would have been a significant number left, based on the stock level Sports Direct stated they had.  While we acknowledged that the complainant had been unable to locate the sweatpants, we understood sufficient stock was available at the promotional price to meet consumer demand.  We therefore concluded that the ad was not misleading.  

We investigated the ad under CAP Code (Edition 12) rules  3.1 3.1 Marketing communications must not materially mislead or be likely to do so.  (Misleading advertising),  3.27 3.27 Marketers must make a reasonable estimate of demand for advertised products.  and  3.29 3.29 Marketers must monitor stocks. If a product becomes unavailable, marketers must, whenever possible, withdraw or amend marketing communications that feature that product.  (Availability) and  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.  and  8.9 8.9 Phrases such as “subject to availability” do not relieve promoters of their obligation to do everything reasonable to avoid disappointing participants.  (Sales promotions) but did not find it in breach.

Action

No further action necessary.

CAP Code (Edition 12)

3.1     3.27     3.29     8.2     8.9    


More on