A Facebook advertisement from Debenhams, owned by Boohoo Group, has been banned by the Advertising Standards Authority (ASA) for misleading customers. The ad, which was seen on 9 March 2024, promoted “up to 60% off fashion, home and beauty at Debenhams” and featured a carousel of product images, each accompanied by a “shop now” link.
The ASA received a complaint regarding the advert, noting that not all products showcased were available at the advertised discount. The complainant questioned whether the “up to 60% off” claim was misleading and could be substantiated.
In its defence, Debenhams stated that third-party suppliers independently decide whether to participate in sales promotions and which products to include. Consequently, Debenhams could not ensure that all products shown in the ad were available at discounted prices. The retailer also highlighted that it was unable to verify the pricing history of the products due to these third-party controls.
Upon review, the ASA determined that consumers would likely interpret the ad to mean that all featured products were included in the promotion and subject to discounts of up to 60%. However, evidence presented by the complainant indicated that only one of the three featured products showed a promotional price, evidenced by a crossed-out reference price, a lower promotional price, and text reading “Save 60%”. The other two products displayed no signs of being discounted.
Without access to sales data or pricing history, the ASA could not confirm the usual selling prices of the products or validate the claimed discounts. This lack of evidence led the ASA to conclude that the ad’s claims were misleading.
In its ruling, the ASA stated that the advert breached several sections of the CAP Code, including rules on misleading advertising, substantiation, and pricing. The ASA mandated that the advert must not appear again in its current form. Furthermore, Debenhams was instructed to ensure future savings claims are not misleading and are substantiated against the usual selling prices of the products.
In response, Debenhams indicated that it has revised its internal processes to ensure future compliance with the CAP Code, aiming to prevent similar issues in future promotions.
Reference: https://www.asa.org.uk/rulings/debenhams-brands-ltd-a24-1237743-debenhams-brands-ltd.html
