What Action Did the ASA Take Against Misleading Online Advertising?
The Advertising Standards Authority (ASA) has banned a Nike social media ad featuring a pair of shoes on a simple white backdrop with the alluring message “Now just £26 at Nike!” in a significant step to safeguard consumers. However, when consumers investigated the deal, they found the shoes were only in sizes suitable for older children.
The ASA’s ruling, announced on Tuesday, also covers another identical commercial from Sky, further emphasizing the regulator’s war on false internet advertising. Both firms have defended their ads, contending that they did not purposefully mislead customers.
How did Eye-Catching Emojis mislead Consumers?
To highlight Nike’s fantastic offer, their advertising included black hearts and an exploding head emoji. The ASA claimed that this strategy was meant to fool viewers into thinking the shoes would be offered in a wide range of sizes and anticipating a significant discount.
“The trainers only came in UK3 through UK6. Furthermore, the ASA said in their finding that the decreased price is less of a deal since children’s shoes attract no VAT.
What Are "Dark Patterns" in Advertising?
Following repeated complaints, the ASA has started looking at how businesses apply “online choice architecture.” This speaks to techniques that inspire consumers to interact with ads while hiding or postponing important information until later in the buying process. Many times labeled as “dark patterns,” these strategies are
The ASA said, “These can include the charging of small fees added along the purchasing process, known as ‘drip pricing,’ and other methods that obscure price transparency for consumers.” Advertisements may also suggest limited availability or time-sensitive offers to generate urgency around buying decisions.
Last year, consumer organisation Which? “Dark patterns can leave consumers feeling manipulated or annoyed, and in some cases may cause financial harm.”
How Was Sky's Subscription Service Criticized?
In a different but connected vein, the ASA attacked Sky for how consumers registering for Now TV, a streaming service, were shown subscription alternatives. Unless canceled at the end of the seven-day trial period, consumers said free trials for the Cinema and Boost services were automatically added to their baskets and set to auto-renew for a charge.
Sky said the accessible trial terms were revealed; however, the ASA noted that the pertinent information was shown in a smaller typeface and less striking color. “The text was also located beneath the button to proceed, so people would most likely ignore it,” the ASA said.
Sky answered that the ad’s presentation was straightforward, readable, and instantly obvious. The business said, “The idea of a seven-day free trial is so widely understood that it was not misleading.”
What Is Nike's Defense Regarding Outsourced Advertising?
Nike argued that The Sole Supplier, an online footwear market, developed and released the advertisement for its shoes without the sportswear behemoth’s control. Nike countered that a sensible customer would still anticipate certain availability restrictions.
Nike noted the possibility of misunderstanding: “The advertisement design may have led some to assume there would be a broader size range.”
What Claims Were Called Into Question for Huel's Ads?
More broadly, the ASA has also prohibited an advertisement from the meal replacement company Huel, marking the third decision against false advertising in recent months. Declaring that they could not be supported, the ASA attacked the assertions in Huel’s commercial about cost savings and health advantages.
Consumers are advised to be alert and knowledgeable about the possibility of false information in promotional materials as the ASA continues to examine and control Internet advertising practices.
