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Commercial: Consumer - Discounts - Misleading Advertising


Marketing is an important tool for attracting customers. It is commonplace to see banners announcing bargains of "70% off the retail price." However a recent High Court decision illustrates that care must be taken with such marketing.

In the case of Office of Fair Trading v Officers Club Ltd and another [2005], the defendant advertised products at 70% off the retail price. The relevant product was offered for sale in a limited number of stores at a higher price for a period of 28 days before being released to most of the stores at the discounted price.

The Office of Fair Trading issued proceedings claiming that such a strategy was misleading to consumers.

The defendant claimed that:

there was no misleading advertising as the strategy had at all times complied with the guidelines enshrined in the Code of Practice for Traders on Price Indications issued by the Department for Trade and Industry; and it was legally impossible for them to be in contravention of the misleading advertising rules when they were complying with the code.

The court rejected these arguments and found that:

the Code of Practice was designed to give retailers a degree of certainty while granting the regulatory authorities flexibility to curtail misleading practices despite strict adherence to the code; although the defendant had offered the products for sale at the higher price in accordance with the Code, he had not had a genuine belief that it could sell the products at those prices; and the adverts were misleading.

Sales and discount offers are an effective way of bringing in consumers and boosting revenue, however, businesses should be wary of using marketing strategies that may be misleading or in bad faith.

If you require further information contact us.

Email: [email protected]

© RT COOPERS, 2005. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

Full service commercial law firm based in the City of London specialising in Biotechnology Law, Employment Lawyers, Media lawyers, Entertainment Solicitors, Pharmaceutical Lawyers, Intellectual Property Law, Litigation, Corporate Finance, Copyright, Redundancies, Commercial Lawyers, Commercial Law, Commercial Contracts, Data Protection, property lawyers.

Contact us at [email protected]. Visit our website at http://www.rtcoopers.com


Todays News by officejax free advertising and ad exchange solutionsMORE RESOURCES updated Wed. March / 03 / 2021

Facebook Lifts Ban on Political Advertising - The New York Times
Facebook Lifts Ban on Political Advertising  The New York Times

No, Google isn’t actually ending its invasive advertising methods - Input
No, Google isn’t actually ending its invasive advertising methods  Input

Cloud Advertising Market Expected to Exceed $395 Billion By 2026 - PRNewswire
Cloud Advertising Market Expected to Exceed $395 Billion By 2026  PRNewswire

Pandemic ‘shecession’: Advertising industry grapples with women’s work-life balance - Digiday
Pandemic ‘shecession’: Advertising industry grapples with women’s work-life balance  Digiday

Piatt County advertising for new EMA director | News | journal-republican.com - Piatt County Journal-Republican
Piatt County advertising for new EMA director | News | journal-republican.com  Piatt County Journal-Republican

How to Start Creating the Change Advertising Needs - MarTech Series
How to Start Creating the Change Advertising Needs  MarTech Series

Judy Wald Found Talent for Advertising Agencies - The Wall Street Journal
Judy Wald Found Talent for Advertising Agencies  The Wall Street Journal

Prince William supervisors approve advertising tax rate that would hike bills - WTOP
Prince William supervisors approve advertising tax rate that would hike bills  WTOP

Roku expands addressable advertising reach with Nielsen deal - Marketing Dive
Roku expands addressable advertising reach with Nielsen deal  Marketing Dive

Facebook Execs Talk Advertising, Apple, Privacy And Ray-Ban Smart Glasses - Deadline
Facebook Execs Talk Advertising, Apple, Privacy And Ray-Ban Smart Glasses  Deadline

How to Rise to the Challenge of Cookie-less Advertising - Adweek
How to Rise to the Challenge of Cookie-less Advertising  Adweek

New Jersey Sues Smith & Wesson Over Its Gun Advertising - The New York Times
New Jersey Sues Smith & Wesson Over Its Gun Advertising  The New York Times

Roku's Big Advertising Opportunity in 2021 - Nasdaq
Roku's Big Advertising Opportunity in 2021  Nasdaq

Midland's AMPM earns 7 American Advertising Federation awards - Midland Daily News
Midland's AMPM earns 7 American Advertising Federation awards  Midland Daily News

Walmart, CVS, Instacart, Macy's advertising: Advertisers react - Business Insider
Walmart, CVS, Instacart, Macy's advertising: Advertisers react  Business Insider

Longtime Dallas Advertising Pros Launch New Agency Dubbed Baker & Bonner Creative Emporium - PRNewswire
Longtime Dallas Advertising Pros Launch New Agency Dubbed Baker & Bonner Creative Emporium  PRNewswire

Even just a bit of advertising changes the game in word-of-mouth marketing: Whether selling products or communicating about vaccines, the tiniest bit of advertising changes the game - Science Daily
Even just a bit of advertising changes the game in word-of-mouth marketing: Whether selling products or communicating about vaccines, the tiniest bit of advertising changes the game  Science Daily

FTC Orders E-Cigarette Companies to Provide Ad and Sales Info - The National Law Review
FTC Orders E-Cigarette Companies to Provide Ad and Sales Info  The National Law Review

Disney Advertising unveils real-time ad exchange | - Advanced Television
Disney Advertising unveils real-time ad exchange |  Advanced Television

ABA Launches Radio Advertising Campaign Encouraging Small Businesses to Apply for PPP Loans - ABA Banking Journal
ABA Launches Radio Advertising Campaign Encouraging Small Businesses to Apply for PPP Loans  ABA Banking Journal

Retail advertising's growing pains - Business Insider
Retail advertising's growing pains  Business Insider

Massachusetts Legislature introduces digital advertising tax bills - Lexology
Massachusetts Legislature introduces digital advertising tax bills  Lexology

Maryland Digital Advertising Services Tax Delay Likely - The National Law Review
Maryland Digital Advertising Services Tax Delay Likely  The National Law Review

CURE Pharmaceutical's Subsidiary Sera Labs Launches National Television, Radio & Digital Advertising Campaign for Nutri-Strips Sleep A.S.A.P. - Manchestertimes
CURE Pharmaceutical's Subsidiary Sera Labs Launches National Television, Radio & Digital Advertising Campaign for Nutri-Strips Sleep A.S.A.P.  Manchestertimes

County approves bid advertising for courthouse rewiring project - Norfolk Daily News
County approves bid advertising for courthouse rewiring project  Norfolk Daily News

Maryland Passes Digital Advertising Tax, Now Being Challenged in Court - JD Supra
Maryland Passes Digital Advertising Tax, Now Being Challenged in Court  JD Supra

Targeted perimeter advertising for live TV broadcasts thanks to AI - Innovation Origins
Targeted perimeter advertising for live TV broadcasts thanks to AI  Innovation Origins

Digital Turbine Acquires Programmatic Mobile Advertising DSP Company Triapodi For $22.5M - Yahoo Finance
Digital Turbine Acquires Programmatic Mobile Advertising DSP Company Triapodi For $22.5M  Yahoo Finance

Tinuiti Named a Walmart Advertising Partner as Part of Its Walmart Ecommerce Acceleration Program - PRNewswire
Tinuiti Named a Walmart Advertising Partner as Part of Its Walmart Ecommerce Acceleration Program  PRNewswire

4 Marketing & Advertising Lessons Inspired By Dr. Seuss Classics - Digital Media Solutions
4 Marketing & Advertising Lessons Inspired By Dr. Seuss Classics  Digital Media Solutions

UHV NewsWire - UHV takes home three advertising awards - NewsWire
UHV NewsWire - UHV takes home three advertising awards  NewsWire

Disney Advertising Sales Unveils New Disney Real-Time Ad Exchange (DRAX) During First Tech Showcase - LaughingPlace.com - Laughing Place
Disney Advertising Sales Unveils New Disney Real-Time Ad Exchange (DRAX) During First Tech Showcase - LaughingPlace.com  Laughing Place

Leading Milwaukee advertising creative Rich Kohnke dies at age 60 - Milwaukee - Milwaukee Business Journal
Leading Milwaukee advertising creative Rich Kohnke dies at age 60 - Milwaukee  Milwaukee Business Journal

Carriers quarrel over 5G advertising - RCR Wireless News
Carriers quarrel over 5G advertising  RCR Wireless News

Special Advertising Section: Cybersecurity Roundtable - Columbus CEO
Special Advertising Section: Cybersecurity Roundtable  Columbus CEO

Multi-Screen Advertising Market Market Growth Analysis, Opportunities 2020 to 2026 Market Global Insights and Trends 2021 to 2026 – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Multi-Screen Advertising Market Market Growth Analysis, Opportunities 2020 to 2026 Market Global Insights and Trends 2021 to 2026 – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

Lamar Advertising rises 6.3% as Citi raises estimates, target - Seeking Alpha
Lamar Advertising rises 6.3% as Citi raises estimates, target  Seeking Alpha

Advertising Services Market Size, Status, Growth Analysis and Future Scope 2021-2026 – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Advertising Services Market Size, Status, Growth Analysis and Future Scope 2021-2026 – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

Rare Vintage Advertising Signs and Petroliana Selling at Auction Conducted by SOLDasap Auctioneers - PRNewswire
Rare Vintage Advertising Signs and Petroliana Selling at Auction Conducted by SOLDasap Auctioneers  PRNewswire

Outdoors Advertising Market Rising Demand 2021_2027 AdSpace Networks, AirMedia, Titan Outdoor – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Outdoors Advertising Market Rising Demand 2021_2027 AdSpace Networks, AirMedia, Titan Outdoor – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

China Advertising Association and Trustworthy Accountability Group Launch New Standards to Fight Criminal Activity and Promote Brand Safety in Digital Advertising in China - MarTech Series
China Advertising Association and Trustworthy Accountability Group Launch New Standards to Fight Criminal Activity and Promote Brand Safety in Digital Advertising in China  MarTech Series

The Italian Advertising Self-Regulatory Body Has Issued A New Regulation On Food And Beverage Promotion To Protect Children And Healthy Eating - Media, Telecoms, IT, Entertainment - Italy - Mondaq News Alerts
The Italian Advertising Self-Regulatory Body Has Issued A New Regulation On Food And Beverage Promotion To Protect Children And Healthy Eating - Media, Telecoms, IT, Entertainment - Italy  Mondaq News Alerts

What Digital Advertising Gets Wrong - Harvard Business Review
What Digital Advertising Gets Wrong  Harvard Business Review

Contextual Advertising Market Is Expected Reach USD 535.5 Billion By 2027, Predicts Data Bridge Market Research – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Contextual Advertising Market Is Expected Reach USD 535.5 Billion By 2027, Predicts Data Bridge Market Research – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

GoodFirms Reveals the Reliable List of Advertising Agencies for Varied Industries - 2021 - EIN News
GoodFirms Reveals the Reliable List of Advertising Agencies for Varied Industries - 2021  EIN News

FTC orders e-cigarette firms to hand over sales, advertising data | TheHill - The Hill
FTC orders e-cigarette firms to hand over sales, advertising data | TheHill  The Hill

Spectacular Outdoor Advertising Market Report 2021 by Key Players, Types, Applications, Countries, Market Size, Forecast to 2026 (Based on 2021 COVID-19 Worldwide Spread) – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Spectacular Outdoor Advertising Market Report 2021 by Key Players, Types, Applications, Countries, Market Size, Forecast to 2026 (Based on 2021 COVID-19 Worldwide Spread) – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

Klarna launches influencer council to guide online advertising - FashionUnited UK
Klarna launches influencer council to guide online advertising  FashionUnited UK

Jeep Wrangler: Earth Odyssey by Highdive Advertising | Creative Works - The Drum
Jeep Wrangler: Earth Odyssey by Highdive Advertising | Creative Works  The Drum

Programmatic Job Advertising Software Market 2021 Ongoing Trends with Most Demanding Players – Appcast, ClickIQ (Indeed), OnRecruit, Joveo, JobAdX, PandoLogic, Recruitics, Symphony Talent, TalentAds, Talroo – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
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Sun Pacific Holding Corp's Subsidiary Street Smart Outdoor Corp Announces Membership with Geopath to Expand Advertising Metrics and Reach - GlobeNewswire
Sun Pacific Holding Corp's Subsidiary Street Smart Outdoor Corp Announces Membership with Geopath to Expand Advertising Metrics and Reach  GlobeNewswire

Aurora Mobile Partners with The Trade Desk to Provide Strong Support For Digital Advertising - MarTech Series
Aurora Mobile Partners with The Trade Desk to Provide Strong Support For Digital Advertising  MarTech Series

Amazon has been advertising its $15 minimum wage. It’s still driving down pay across the warehousing industry. - The Counter
Amazon has been advertising its $15 minimum wage. It’s still driving down pay across the warehousing industry.  The Counter

Cardlytics to Acquire Dosh to Bolster Digital Advertising Offering - GlobeNewswire
Cardlytics to Acquire Dosh to Bolster Digital Advertising Offering  GlobeNewswire

OVERNIGHT ENERGY: Texas sues power provider Griddy, alleging deceptive advertising and marketing | More states follow California's lead on vehicle emissions standards | Financial regulators home in on climate risks | TheHill - The Hill
OVERNIGHT ENERGY: Texas sues power provider Griddy, alleging deceptive advertising and marketing | More states follow California's lead on vehicle emissions standards | Financial regulators home in on climate risks | TheHill  The Hill

Instacart Raises Millions To Accelerate Advertising And Retail Marketing Services 03/03/2021 - MediaPost Communications
Instacart Raises Millions To Accelerate Advertising And Retail Marketing Services 03/03/2021  MediaPost Communications

Digital Advertising Platform Cardlytics Set to Acquire Dosh For $275 Million in Cash & Stock - Crowdfund Insider
Digital Advertising Platform Cardlytics Set to Acquire Dosh For $275 Million in Cash & Stock  Crowdfund Insider

What is programmatic advertising and how does it work? - Kenosha News
What is programmatic advertising and how does it work?  Kenosha News

Interactive Advertising Market Applications, Leading Manufacturers, Analysis, Demand and Supply in Coronavirus Spread – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Interactive Advertising Market Applications, Leading Manufacturers, Analysis, Demand and Supply in Coronavirus Spread – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

COVID-19 Impact on Digital Advertising Market Trending Technologies, Development Plans and Future Growth Forecast 2026 by ReportsWeb – The Bisouv Network - The Bisouv Network
COVID-19 Impact on Digital Advertising Market Trending Technologies, Development Plans and Future Growth Forecast 2026 by ReportsWeb – The Bisouv Network  The Bisouv Network

AiThority Interview with David Olesnevich, Head of Product – IBM Watson Advertising at IBM - AiThority
AiThority Interview with David Olesnevich, Head of Product – IBM Watson Advertising at IBM  AiThority

Global Online Video Advertising Market 2021 by Growth Factors, Applications, Regional Analysis, Key Players AdColony, YuMe, RevMob, and More… – KSU | The Sentinel Newspaper - KSU | The Sentinel Newspaper
Global Online Video Advertising Market 2021 by Growth Factors, Applications, Regional Analysis, Key Players AdColony, YuMe, RevMob, and More… – KSU | The Sentinel Newspaper  KSU | The Sentinel Newspaper

Newest Programmatic Advertising Market Research Report: Size, Share, Growth, Trends and Forecast 2026 – The Bisouv Network - The Bisouv Network
Newest Programmatic Advertising Market Research Report: Size, Share, Growth, Trends and Forecast 2026 – The Bisouv Network  The Bisouv Network

AC media students capture American Advertising Awards - KAMR - MyHighPlains.com
AC media students capture American Advertising Awards  KAMR - MyHighPlains.com

Hear that roar? U.S. Hispanic advertising agencies are on the rise at the Cannes Lions - AL DIA News
Hear that roar? U.S. Hispanic advertising agencies are on the rise at the Cannes Lions  AL DIA News

Global Traditional Advertising Agency Services Market Top Players 2026: Epsilon, Televerde, 360I, COX Media, MDC Partners etc. – The Bisouv Network - The Bisouv Network
Global Traditional Advertising Agency Services Market Top Players 2026: Epsilon, Televerde, 360I, COX Media, MDC Partners etc. – The Bisouv Network  The Bisouv Network

Two Day Online Seminar: Ensuring Compliance with Advertising and Promotional Requirements for Drugs and Medical Devices - March 18-19, 2021 - ResearchAndMarkets.com - Business Wire
Two Day Online Seminar: Ensuring Compliance with Advertising and Promotional Requirements for Drugs and Medical Devices - March 18-19, 2021 - ResearchAndMarkets.com  Business Wire

Online Advertising Increased New Hampshire Residents' Use Of Provider Price Tool But Not Use Of Lower-Price Providers - healthaffairs.org
Online Advertising Increased New Hampshire Residents' Use Of Provider Price Tool But Not Use Of Lower-Price Providers  healthaffairs.org

Facebook Touts The Benefits Of Personalized Advertising In New Ad Campaign - AdExchanger
Facebook Touts The Benefits Of Personalized Advertising In New Ad Campaign  AdExchanger

Webinar to discuss role of advertising in Cloud DVR - Broadband TV News
Webinar to discuss role of advertising in Cloud DVR  Broadband TV News

AC Students Earn American Advertising Awards — The Amarillo Pioneer - The Amarillo Pioneer
AC Students Earn American Advertising Awards — The Amarillo Pioneer  The Amarillo Pioneer

Traditional Advertising Agency Services Market SWOT Analysis by Key Players include: Epsilon, Televerde, 360I, COX Media, MDC Partners, WPP, Fred & Farid Group, Fuse, WPP, MullenLowe, Saatchi & Saatchi, Wieden Kennedy, VML, Sensis, 451 Agency - The Bisouv Network
Traditional Advertising Agency Services Market SWOT Analysis by Key Players include: Epsilon, Televerde, 360I, COX Media, MDC Partners, WPP, Fred & Farid Group, Fuse, WPP, MullenLowe, Saatchi & Saatchi, Wieden Kennedy, VML, Sensis, 451 Agency  The Bisouv Network

Out-of-Home (OOH) Advertising Market will touch a new level in upcoming year with Top Key players like Outfront Media Inc., EPAMEDIA, Focus Media, News outdoor, Shenzhen Shitong Huana Cultural Diffusion Limited - KSU | The Sentinel Newspaper
Out-of-Home (OOH) Advertising Market will touch a new level in upcoming year with Top Key players like Outfront Media Inc., EPAMEDIA, Focus Media, News outdoor, Shenzhen Shitong Huana Cultural Diffusion Limited  KSU | The Sentinel Newspaper

Molly-Mae Hague breaks advertising code for Instagram giveaway - This is Money
Molly-Mae Hague breaks advertising code for Instagram giveaway  This is Money

Supervisors advertise a 2-cent real estate tax increase - Inside NoVA
Supervisors advertise a 2-cent real estate tax increase  Inside NoVA

What Maryland's Digital Advertising Tax Means for You - Lexology
What Maryland's Digital Advertising Tax Means for You  Lexology

Paul Potratz took his advertising and marketing company fully remote, here's why - Albany Business Review - Albany Business Review
Paul Potratz took his advertising and marketing company fully remote, here's why - Albany Business Review  Albany Business Review

Dissecting Daft Punk's influence on advertising 'Around the World': Opinion - AdAge.com
Dissecting Daft Punk's influence on advertising 'Around the World': Opinion  AdAge.com

18 big advertisers that are looking for new agencies right now - Business Insider
18 big advertisers that are looking for new agencies right now  Business Insider

Targeting Big Tech, Maryland becomes first state to tax digital advertising - CNN
Targeting Big Tech, Maryland becomes first state to tax digital advertising  CNN

How brands and publishers can partner on data strategies in the privacy-first digital world - AdAge.com
How brands and publishers can partner on data strategies in the privacy-first digital world  AdAge.com

Super Bowl advertisers fell short on key diversity and inclusion measures, analysis shows - AdAge.com
Super Bowl advertisers fell short on key diversity and inclusion measures, analysis shows  AdAge.com

Super Bowl Ads 2021: Who Is Advertising, Who Is Not? How Much Do Spots Cost? - Bloomberg
Super Bowl Ads 2021: Who Is Advertising, Who Is Not? How Much Do Spots Cost?  Bloomberg

Alphabet revenue up 23% as core advertising business shows strong growth - CNBC
Alphabet revenue up 23% as core advertising business shows strong growth  CNBC

Here are the biggest Super Bowl advertisers of the last 11 years - CNBC
Here are the biggest Super Bowl advertisers of the last 11 years  CNBC

Polish media suspend reporting to protest planned tax on advertising - POLITICO.eu
Polish media suspend reporting to protest planned tax on advertising  POLITICO.eu

10 Super Bowl spots from advertisers that don’t exist anymore - CNBC
10 Super Bowl spots from advertisers that don’t exist anymore  CNBC

Public Schools Are the Best Advertisements for Homeschooling - Reason
Public Schools Are the Best Advertisements for Homeschooling  Reason

Bruce Springsteen and Babies Star in Pandemic-Year Super Bowl Ads - The New York Times
Bruce Springsteen and Babies Star in Pandemic-Year Super Bowl Ads  The New York Times

‘It’s a very volatile situation’: Advertisers pause paid social advertising amid D.C. chaos - Digiday
‘It’s a very volatile situation’: Advertisers pause paid social advertising amid D.C. chaos  Digiday

LinkedIn Launches 6 Free Advertising Courses - Search Engine Journal
LinkedIn Launches 6 Free Advertising Courses  Search Engine Journal

From The Experts: Media And Advertising In 2021 - Forbes
From The Experts: Media And Advertising In 2021  Forbes

How the world’s biggest advertisers are spending (or not) as industries adapt to the coronavirus pandemic - Digiday
How the world’s biggest advertisers are spending (or not) as industries adapt to the coronavirus pandemic  Digiday

Ad Rewind: Richmond's memorable advertising and marketing for 2020 - RichmondBizSense
Ad Rewind: Richmond's memorable advertising and marketing for 2020  RichmondBizSense

Is Amazon About To Take Over Online Advertising? - Forbes
Is Amazon About To Take Over Online Advertising?  Forbes

What Big Tech’s scrutiny means for luxury advertising - Vogue Business
What Big Tech’s scrutiny means for luxury advertising  Vogue Business

Facebook's advertising integrity chief leaves company - Reuters
Facebook's advertising integrity chief leaves company  Reuters

Google Hit With 2nd Lawsuit Testing Its Monopoly Power — This One Over Digital Ads - NPR
Google Hit With 2nd Lawsuit Testing Its Monopoly Power — This One Over Digital Ads  NPR

The future of advertising: 9 things marketers should expect to see in a world of ad blockers - AdAge.com
The future of advertising: 9 things marketers should expect to see in a world of ad blockers  AdAge.com

2020: A Record Year for Political Advertising - Bowdoin News
2020: A Record Year for Political Advertising  Bowdoin News

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