“Get Up to 60% off at the One-stop shop”

07 June 2005

The ASA upheld complaints about this TV ad for Index

Claims for “Up to” savings have in the past proved to be confusing not only for the consumer but for industry players, too.  A recent ASA adjudication has highlighted the confusion and the need for clarification.

A case in question was a broadcast advertisement for Index Ltd which claimed “At Index now there's up to a third off trees and decorations, all MP3 players, and Bratz toys.”  On-screen text, which appeared throughout, stated “1/3 off” and “Offers end 1st December”.  A competitor complained that not all MP3 players were discounted.

Index proved that it stocked 21 MP3 players and all were subject to a price reduction, with more than 10 percent reduced by at least a third.  So the ASA did not uphold the complaint.

But Index could not demonstrate that all trees, decorations and Bratz toys had some discount.  Index had understood that an “up to” claim required only the stated reduction on 10% of items, with no requirement to discount all items.  Although that was not part of the the complainant’s objection, the ASA ruled that the ad was nevertheless misleading.

The ASA noted the voice-over said “up to a third off” whereas an on-screen banner stated “1/3 off”.  The ASA judged the banner was misleading, because not all the listed products were reduced by a full third. Click here to read the adjudication [PDF]

So, if you offer “up to 40%” off, say, fridges, all of your fridges should have something off and 10% of fridges (minimum) should have the full 40% off.  You should also have a reasonable “spread” of discounts; in other words, most of your fridges shouldn’t have just a 1% discount.  Obvious, really, but some promoters still get it wrong.

For the DTI’s guidance on price claims and discounts, go to: http://www.dti.gov.uk/ccp/topics1/guide/misleadingprice.pdf.pdf and for CAP advice consult then AdviceOnline database section of the CAP website, www.cap.org.uk.