A consumer who hauled retail giant Spar to the Advertising Regulatory Board over a television advert on school shoes has won.

The advert which was flighted on ETV, depicts a little girl showing off her new school shoes to family members.

A frame of the advert is accompanied by a voice-over saying 'Get Bata school shoes for only R70 when you spend R350 or more.'

The consumer in her complaint said that nowhere in the advert does it state that the school shoes are only available from size 12 until size 3.

She said when she raised the issue she was referred to a posted advertisement in store that states the sizes available.

The ARB said despite several attempts to elicit a response from the advertiser, The Spar Group Limited, no formal response was received.

The Directorate thereafter requested a copy of the advert and received brief comments from the advertiser which said that the television commercial communicates the key points regarding the deal, which is only available in stores, meaning consumers must go to the stores to redeem the offer.

The advertiser said the size issue was stipulated in-store and website terms and communications.

The Directorate in its ruling said the television commercial is viewed by consumers as a stand-alone piece of advertising, and no mention whatsoever is made therein regarding the limited shoe sizes.

The Directorate went on to say that the advertiser appear to assert that because the shoes are available in-store the necessary clarity is provided in-store.

"However by the time the consumer is in a store, the television commercial has performed its function, and the consumer has been drawn to the store to take advantage of the offer.

"The relevant information regarding the sizes available is provided to consumers too late.

"It is well-known that all the material information about an advertised offer should be made available to consumers in all forms of advertising in which the offer is made."

The Directorate said that consumers cannot be expected to watch a television commercial and interpret or view it in conjunction with a point of sale or other advertising.

The ARB said that this information is very easy to include as it was included in other advertising.

"It is also noted that there are many school children with feet larger than a "3" in children's sizing, and as such this is a very material limitation to the availability.

The Directorate ruled that members of the ARB were not to accept television advertising for the Spar Beta Shoe special that does not reference there are limited size available.

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