An online advertisement for Nike sneakers, priced at $35, has been banned in the United Kingdom for being misleading. The advertisement did not make it clear that the product was aimed at children, not adults.
The advertisement, posted by The Sole Supplier, directed consumers to Nike’s website where the sneakers were tagged as ‘older kids’ shoes.’ This led to confusion among consumers regarding the actual target audience of the product.
The Controversial Advertisement
An online advertisement for Nike sneakers priced at $35 has been banned in the United Kingdom. The ad was deemed misleading because it failed to clarify that the product targeted children, not adults. The advertisement was posted by The Sole Supplier, an online marketplace, on its X account in December 2023.
Consumers who clicked on the ad were redirected to Nike’s website, showing the sneakers as ‘older kids’ shoes’ available in UK sizes 3 to 6. This converts to US sizes 3.5 to 6.5 for men and 5 to 8 for women, indicating that the shoes were not meant for a broad adult audience.
Regulatory Response and Findings
The Advertising Standards Agency (ASA) ruled that the advertisement was misleading by omission. There was no indication in the ad that the trainers were for older children or available only in limited adult sizes. This lack of information likely led many adults to believe they could benefit from the offer, which was not the case.
According to the ASA, most Nike lifestyle sneakers are typically available up to UK size 9.5 for women and up to size 14 for men. The advertised product’s size limitation meant many adults could not purchase their desired size, reinforcing the misleading nature of the ad.
Reactions and Statements
Nike disagreed with the ASA’s assessment, maintaining that a reasonable consumer would infer that the product sizes were limited. The company also pointed out that The Sole Supplier published the ad without any of its input or oversight.
The Sole Supplier, on the other hand, expressed willingness to consider displaying sizing information more prominently in future advertisements. Nike declined to comment further, directing inquiries to the ASA ruling.
Price Misrepresentation Issues
The ASA also noted that the advertisement suggested the price of $35 represented a significant discount compared to adult sneakers. However, children’s shoes are generally cheaper than adult footwear, and in the UK, they are exempt from a widely applied sales tax.
Due to these factors, the ASA stated that the average consumer would not consider £26 a heavily discounted price for children’s sneakers. Therefore, the ad’s implication of a substantial discount was also misleading.
Potential Impacts and Industry Practices
The ban on this advertisement is part of the ASA’s broader investigation into potentially deceptive advertising practices, particularly those utilising online choice architecture. This term refers to how business websites and social media pages are designed to influence consumer behaviour.
According to the UK’s Competition and Markets Authority, online choice architecture can distort consumer behaviour, prompting them to buy more than they would ordinarily and at higher prices. This case serves as a cautionary tale for other businesses regarding the importance of transparency in marketing.
Wider Implications
The incident has spotlighted the importance of transparent advertising in maintaining consumer trust. Companies must ensure their advertisements are clear about the products being marketed to avoid misleading consumers.
The ASA’s proactive approach in investigating and banning misleading advertisements demonstrates the regulatory body’s commitment to protecting consumers from deceptive marketing tactics.
Future Considerations
As the digital marketplace expands, so does the need for clear and honest communication between sellers and consumers. Businesses must adapt to regulatory standards to avoid potential pitfalls and maintain a trustworthy relationship with their customer base.
The ban highlights the necessity for transparency in advertising. Companies must ensure their marketing strategies provide clear and honest information to avoid misleading consumers.
As regulatory scrutiny increases, businesses must prioritise clarity and accuracy in their advertisements to maintain consumer trust and comply with industry standards.
