Hema cannot any longer promote its bread by mentioning "always 1.00". This is misleading. The Board of Appeal (CvB) confirms the decision of the Dutch Advertising Code Committee (RCC).
In its stores and on its website Hema uses "always price X" offers. The complainant complained about the wording "always 1.25" that Hema used in relation to a specific bread. Two weeks before the same bread was promoted as "always 1.00". According to the complainant the "always" offers of Hema are misleading.
Hema explained that it uses "always" to indicate the difference with temporary price offers. According to Hema the average consumer will understand that the term "always" clearly shows some exaggeration. Especially given the current market a product can not for be offered for the same price. Hema believes that by using "always" it can be expected that the price will continue to be the same for a considerable period.
This reasoning is not followed by the CvB. The interpretation of Hema differs from the literal meaning of “always”. That in itself is permissible. However, consumers do need to be informed about this different interpretation. If not, essential information is lacking for the consumer to decide about buying the product or not.
In addition the CvB judges that there is no apparent exaggeration. Consumers will not understand that the word "always" is only intended to indicate (in a exaggerated manner) that the product is available for this price as long as possible. The advertisements of Hema are therefore misleading.
In this context "always" is too absolute. I wonder how Hema will change the text of its "always X price" offers. Or will Hema choose to use a clear disclaimer?
Read the decision of CvB here.
Kim Braber
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office Emerald House Jozef Israëlskade 48-G Amsterdam, the Netherlands t +31 (0)20 - 305 3066 www.hoogenhaak.nl |
post PO Box 76780 1070 KB Amsterdam e info@hoogenhaak.nl f +31 (0)20 - 305 3069 chamber of commerce 34314579 |
Hema cannot any longer promote its bread by mentioning "always 1.00". This is misleading. The Board of Appeal (CvB) confirms the decision of the Dutch Advertising Code Committee (RCC).
In its stores and on its website Hema uses "always price X" offers. The complainant complained about the wording "always 1.25" that Hema used in relation to a specific bread. Two weeks before the same bread was promoted as "always 1.00". According to the complainant the "always" offers of Hema are misleading.
Hema explained that it uses "always" to indicate the difference with temporary price offers. According to Hema the average consumer will understand that the term "always" clearly shows some exaggeration. Especially given the current market a product can not for be offered for the same price. Hema believes that by using "always" it can be expected that the price will continue to be the same for a considerable period.
This reasoning is not followed by the CvB. The interpretation of Hema differs from the literal meaning of “always”. That in itself is permissible. However, consumers do need to be informed about this different interpretation. If not, essential information is lacking for the consumer to decide about buying the product or not.
In addition the CvB judges that there is no apparent exaggeration. Consumers will not understand that the word "always" is only intended to indicate (in a exaggerated manner) that the product is available for this price as long as possible. The advertisements of Hema are therefore misleading.
In this context "always" is too absolute. I wonder how Hema will change the text of its "always X price" offers. Or will Hema choose to use a clear disclaimer?
Read the decision of CvB here.
Kim Braber