A complaint was raised in relation to a YouTube advertisement by UAB Commerce Core, t/a FitsWatch, on the basis that it appeared to feature a different watch to the one that was being offered for sale to consumers. The ASA upheld the complaint. It found that the smart watch which was advertised very closely resembled an Apple Watch and that consumers were likely to be misled into the mistaken belief that FitsWatch offered Apple Watches for sale when it did not. FitsWatch did not respond to the ASA’s enquiries and did not provide any evidence that it sold the product depicted in the advertisement. For these reasons, the ASA found that the advertisement was misleading, took unfair advantage of a competitor’s reputation, and was therefore in breach of the CAP Code.

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