A banner appeared across the top of the website for online sports retailer Fanatics earlier this year which featured a 25% off discount code. When a complainant attempted to use the code to purchase a product, they were notified that the particular item was excluded from the offer, and complained to the ASA on this basis.

The website did not provide a reason for the particular product being excluded and did not respond to the ASA’s enquiries. Despite the fact that the banner included the caveat “EXCLUSIONS APPLY”, it also set out the (would be) discounted price for the product which the complainant found to be not included as part of the promotion.

The ASA considered the advertisement to be in breach of the CAP code because it was misleading and implied that a promotion applied to a product when this was not the case.

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