Misleading Asda advert banned

ASA versus Asda after consumer rights complaint

ByLuke Whitmore, 16th July 2010

An Asda advert which presented a basic consumer right as a new shop policy has been banned by the Advertising Standards Authority.

The commercial boasted that their George clothing range offered a "100-day quality guarantee", but a viewer pointed out that, under the Sale of Goods Act, a customer who purchases a product which is not of satisfactory quality is actually entitled to redress from the retailer for up to six years.

Asda argued that the policy being promoted was a cooling-off period, allowing customers to return items which they later decided they didn't want, rather than anything relating to faulty goods.

The retailer also insisted that its employees had been briefed on the difference between basic consumer rights and the new guarantee lauded in the advert.

But the ASA upheld the complaint, likely due to the advert's misleading phrasing which described the "quality guarantee" allowing customers to "enjoy quality that lasts".

"Quality" is the term used in the Sale of Goods Act to describe whether an item is considered fit for purpose or not. If an item is returned in the first six months after purchase, it is the responsibility of the retailer to prove that it was of satisfactory quality when purchased; after this period, the onus falls on the customer and lasts up to the six year mark.

Explaining their decision, the ASA said "We considered that consumers were likely to expect even low-price clothes to last 100 days without the fabric quality deteriorating by, for example, bobbling or stretching or fading in colour.

"We considered that the George 100-day guarantee, as presented in the ad, did not offer any more consumer protection, in relation to the obligation for a seller to provide goods of a satisfactory quality, than that already available under statutory legislation."

See our free guide for more information on the Sale of Goods Act.

Claims Financial