A promotion which appeared on the website for skincare company ESPA stated: “Save 20% when you use code TREAT20. Plus receive a complimentary Positivity Gift when you spend £70”. A complaint was raised in relation to the promotion because it appeared that, despite the wording used, only one offer could be used per order made. The complainant considered that the claim was misleading on this basis.
The ASA investigated the complaint and found that in actual fact, both offers could be used for the same order. However, it was the case that the free gift would only be received if the total order came to £70 after the discount code had been applied. This condition of receiving the free gift had not been made clear. The ASA found that the advertisement to be misleading for this reason.