Media Law Prof Blog

Editor: Christine A. Corcos
Louisiana State Univ.

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Wednesday, April 16, 2008

ASA Says easyJet Easter Ad Campaign Laid an Egg

The Advertising Standards Authority told airline easyJet that the Easter ad campaign it ran last year with the tag line "Up to 25% off every seat, every route, every day" was misleading since some seats sold for more than they would have right before the campaign began, and some were the same price as before the sale. easyJet said its prices are "dynamic" and increase as demand increases. Nevertheless, said the ASA, easyJet may not use the same ad campaign unless it tells customers prices for seats may increase during the campaign.

Here's part of ASA's ruling.

The ASA noted the evidence submitted by easyJet. We acknowledged the documentation showed discounts of up to 25% were available on every seat, every day of the available period between 14 March and 30 June. We also acknowledged that the promotion applied to all easyJet routes, regardless of whether they departed or landed in the UK. We considered the evidence showed that the maximum discount of 25% applied to 10% of the fares included in the promotion, and that that constituted a sufficient proportion of the available fares. We also considered that the pricing structure information submitted by easyJet showed that for most of the promotional period, customers could purchase flights at a rate that was cheaper than in the period before the promotion. However, we noted that the information also showed that, towards the end of the promotional period, fares on some routes had been increased due to demand, and that as a result some customers would pay more for their flights than if they had booked tickets in the period immediately before the promotion began. We considered that, because the ad stated "Up to 25% off Every seat, every route, every day", most customers would expect fares to be cheaper than if they had booked tickets in the period immediately before the promotion began on "every seat, every route, every day", for the whole of the promotional period. Because that was not the case we concluded that the ad was misleading.

Read the entire adjudication here.

Read more here.

http://lawprofessors.typepad.com/media_law_prof_blog/2008/04/the-advertising.html

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