December is in the yard, which means that soon all of us will be covered by the festive bustle and an irresistible desire to take stock.
For almost a year now, in my constant heading “Caution, FAS!” On the Rookee service blog, and more recently, here every month I look at the latest examples of unfair advertising.
In this issue, we will maintain an atmosphere of unrestrained fun: all the news today is connected with the New Year holidays and their attributes. And of course, presents await you. Read the new digest to the end and, hopefully, no one will leave offended.
No spoon
New Year is the expectation of a miracle. And if with age the criteria for a miracle change (and the absence of a headache becomes like a little magic), then for children the image of Santa Claus still remains a symbol of joy and good magic. Therefore, it is always a shame when they begin to speculate on it.
On the eve of the New Year, the Donstroy construction company placed provocative advertisements:
LinkThe statement that Santa Claus does not exist has
caused a public outcry . Dissatisfied residents of Moscow appealed to the OFAS with complaints: such advertising can cause psychological trauma to their children. Just weaned to read what is written on the fences, but here a new threat - urban billboards.
As a result, they got out of the situation beautifully. As always happens in such cases, perception governs reality. It turns out that the slogan was simply misunderstood. Since the advertisement was placed until December 31 (that is, before the New Year), it is logical to assume that Santa Claus was still en route from Veliky Ustyug / Lapland / Coca-Cola truck parking (underline). Therefore, Santa Claus is NOT there yet, but there are ALREADY discounts. So no one encroached on the existential essence of the main New Year’s character.
The explanation, I admit, is weak. But it worked. After all, if everything is meaningless in the world, what prevents you from inventing any meaning?
Two to oneThe consumer of the O'KEY hypermarket liked the ad from the catalog “Everything is Christmas tree, everything is Christmas tree”:
Gift!!! 169. 154.
New Year's set of cakes "Barney", 300 g + second as a giftIt would seem that everything was described correctly: the validity period of the action (from November 20 to December 17) is indicated, the product is clearly indicated (the advertisement was accompanied by a colorful image of a biscuit bear), the discount price is correctly spelled out. But then, apparently, the advertiser decided: if you follow the small rules, you can break the big ones. And at the checkout he issued a check to the buyer, taking into account the full cost of two New Year's sets of Barney’s cakes (153 rubles .96 kopecks. * 2 pcs. = 307 rubles. 91 kopecks).
“Where is my second free kit?” The customer logically was indignant. Blood overpaid 154 rubles became the basis for appeal to the FAS of the Lipetsk region. The store reported a technical error in the catalog. But he could not prove it. As a result, they
recognized that advertising violates Article 5 of the Law on Advertising.
I’m not sure that chocolate bears are exactly the present you would like to receive for the holiday. We all know with which Barney it is best to celebrate the New Year.
Attraction of unprecedented generosity
If Santa Claus still does not exist, gifts must be bought independently. And big jewelry brands come to the rescue (no sexism, no).
In the struggle for the client, salons can be very inventive and persistent. For example, you are not tired of Sunlight sales advertising in connection with their liquidation? I stumble upon her all the time. It would seem that a well-known brand, regular customers - live long and prosper. But no, before significant dates (New Year, March 8, “Black Friday”), outlets are closed, goods are sold at incredible discounts, almost to the detriment of the store.
The news of the next liquidation sale made a resident of Volgograd doubt its reality. After contacting the FAS,
it turned out that over the past 3 years this is far from the first case of the so-called complete liquidation of the Sunlight network.
Information about the alleged closure of the chain of jewelry stores in 2019 was distributed throughout Russia. And the most interesting thing in this situation is that it is a lie from the first to the last word! Firstly, no legal documents on termination of activity were issued. Even lease agreements with shopping centers where sales offices were located were not terminated. Secondly, after the sales were completed, outlets miraculously “rose from the ashes” and continued to work as usual, as if nothing had happened.
After analyzing the ads from several regions, it became obvious: we are just talking about a marketing campaign designed to create a stir. The Volgograd OFAS of Russia announced the
misleading of consumers (part 7 of article 5 of the law “On advertising”) and the
presence of signs of unfair competition (paragraph 4 of part 2 of article 5 of the law “On advertising”). The companies
issued an order to stop the violation of antitrust laws.
In our club
After the New Year's gastronomic frenzy, a bashful acceptance of reality comes: scales and a mirror still do not lie. And the second set of Barney cakes was clearly superfluous. In short, it's time to put yourself in order.
For such snowdrops, the Kazan Maximus fitness club posted an announcement on Instagram:
New Year Sale
14 months unlimited card 9990 rub. + 2nd card as a giftAs many as two cards, and even for such a long time. Tempting, huh? But it struck 12:00, and the carriage turned into a pumpkin. More precisely, when personally contacting a fitness club for 14 months, they suddenly turned out to be 12 with the possibility of two-month freezing of a subscription. And the gift card was generally for one month. Are you daring? Another marketing trick :)
Since there were no details of the action in the announcement, the advertisement was
recognized as misleading. On my own behalf, I’ll add that it is prohibited to use the foreign word Sale in part 5 of Art. 5 of the Law "On Advertising".
Evenings on a farm near Polyana
Remember the argument between Villaribo and Villabaggio? A similar confrontation
unfolded between the resorts "Rosa Khutor" and "Krasnaya Polyana". The mountain resort Krasnaya Polyana (formerly Gorki Gorod) began to use the name of the village of the same name Krasnaya Polyana in its advertising campaign, which its competitor did not like. And representatives of the Rosa Khutor resort complained to the FAS.
A photoThe problem is that there are dozens of different resorts in this village. And the slogans “Krasnaya Polyana - the heart of the mountains” and “Krasnaya Polyana - this is us” can mislead the consumer. People who do not know the geography and features of search results may think that Krasnaya Polyana is the only ski holiday operator in the area. And this is unfair competition.
I wonder how the FAS will respond to this appeal. After all, if the name of the region cannot be used for advertising purposes, it’s time to think about its fate of Belevsky pastille, Yasnaya Polyana sweets and Pavloposad shawls.
Competition
Since the New Year is not complete without gifts, I would like to announce for you a small competition for attentiveness.
Quotes from famous films and books hid in this issue. The first one to find the most references will receive a prize as the most attentive reader. In the comments you need to leave only the most accurate names of the sources (without the spoilers of the quotes themselves). The one who wins faster than the rest will find all the hidden films and books.
The winner will be announced on December 16. Happy New Year, everyone! And may luck always be on your side!