B&Q ad complaint upheld by ASA

Published:  02 September, 2011

LONDON: The Advertising Standards Authority has upheld complaint over a misleading advert within a B&Q brochure.

The ad, which appeared in March this year, detailed a sales promotion on kitchens, offering percentage discounts and free products when purchasing other items.

A complainant suggested that the advert was misleading as it did not state a closing date for the offer, and this complaint was upheld.

Responding to the complaint, B&Q said the CAP Code, run by a non-broadcast marketing communications company, allowed them to avoid specifying a closing date for an offer provided doing so was not disadvantageous to the customer.

B&A said the promotion ran for five weeks, "a significant period of time", and that the ad directed consumers to check online or visit a store for further details.

ASA noted B&Q's response but acknowledged that at the time the ad appeared, B&Q did not know how long it would run.

The ASA said in response to B&Q's suggestion that the CAP Code was adhered to, that: "We considered that the closing date was material information that was likely to affect a consumer's decision on whether or not to make a purchase from B&Q.

"We considered that the ad omitted material information and that the complainant had been disadvantaged by the lack of it. Because of that, we concluded that the ad was misleading."

ASA has therefore demanded that the ad must not appear again in its current form and that the retailer must ensure that it includes a closing date for sales promotions when known and where the promotional period is not known, prominent qualifying text must be included to direct consumers on how to find out more information about the closing date.

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