The ASA is throwing the kitchen sink at advertisers this week, so if you can't stand the heat, get out of the kitchen!
The Advertising Standards Authority (ASA) today issued an upheld ruling against Tefal, finding that the company misled consumers with a discount offer on their website. The ruling highlights the importance of clear and accurate advertising, especially when it comes to promotional offers and discounts.
Issue
A product page for a set of pans on the Tefal website www.tefal.co.uk, seen on 5 February 2025, stated "£139.99 SAVE £190.01 Was: £330.00". The "ad" - and the ASA seems to use the word broadly - featured images of the product with the superimposed text "RED HOT DEAL". Underneath the images was further information, including an email icon next to the claim "SIGN UP FOR 15% OFF". Clicking on the icon revealed a pop-up box with the text:
"Sign up for 15% off. That's right... signup and SAVE, instantly! T&Cs apply, excludes Clearance. Minimum spend applies. Subscribe to our email Newsletter and receive 15% off your first purchase from the Tefal online shop".
Tefal's Response
Tefal, operated by Groupe SEB UK Ltd, acknowledged that the pop-up box for the 15% discount offer should have included a disclaimer stating that "Red Hot Deals" were excluded. They updated the text to clarify this exclusion and removed the "15% off" claim from the product pages, replacing it with "Subscribe for deals".
ASA's Assessment
The ASA upheld the complaint, concluding that the ad was misleading. They determined that consumers would reasonably expect the 15% discount to apply to the advertised pans, especially given the positioning of the "SIGN UP" icon directly beneath the product images. The ASA noted that while some exclusions might be anticipated, the ad's presentation strongly implied the discount was applicable to the pans - despite the reference to 'excludes Clearance'.
The ASA found that the exclusion of "Red Hot Deals" from the discount offer was not sufficiently clear.
Although Tefal's website did state that discount codes were not valid for "Red Hot Deals" on the landing page, this information was not visible on the individual product page. As a result, consumers could easily miss this crucial detail.
Yes, Chef!
Discount claims are a 'red hot' topic for the ASA and CMA. The ASA concluded that the ad breached CAP Code rules 3.1 and 3.3, which pertain to misleading advertising. They ruled that the ad must not appear again in its current form and instructed Tefal to ensure their ads do not imply that a discount offer can be used for specific products when it cannot.
This ruling serves as a reminder to consider the overall context and impression of the discount claims, and ensure the images and products being promoted align with any claimed discounts and offers. Also, it makes clear that all significant terms and conditions are clearly communicated to avoid misleading consumers, but even then, be careful not to overplay things by giving a strong overall impression of a great deal while trying to qualify it with terms and conditions.
Consumer Law Revolution
More interesting than watching a pot boil... is our Consumer Law Hub. Pricing claims, including discount claims and drip pricing, are a hot topic for the CMA under this updated consumer law, too.
The Digital Markets, Competition and Consumers (DMCC) Act 2024 came into force on 6 April 2025, and the developments in this area are coming thick and fast, so visit our Consumer Law Hub to stay up to date and ensure your discount and pricing claims are compliant with all the latest rules and guidance.
" "We told [Tefal] to ensure their ads did not imply that a discount offer could be used for particular products when that was not the case." - ASA "
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