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Always Better Value? High Court finds Dunnes Stores misled customers with ad campaign

The High Court has found Dunnes Stores led a misleading in-store advertising campaign by using ph...
Newstalk
Newstalk

13.04 9 Jun 2015


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Always Better Value? High Cour...

Always Better Value? High Court finds Dunnes Stores misled customers with ad campaign

Newstalk
Newstalk

13.04 9 Jun 2015


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The High Court has found Dunnes Stores led a misleading in-store advertising campaign by using phrases like 'Always Better Value'.

The food store was brought to court by the discount supermarket giant Aldi.

Tomato ketchup, pork sausages, shower gel and toilet paper are all items you might buy in the weekly shop.

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In store supermarket banners tell you there is a “Lower price guarantee” and as you go down the aisles you might see a label on the shelf with the words 'Aldi match' – a reference to the German discount store.

But is the customer being misled?

Aldi took Dunnes Stores to court over just such an instore advertising campaign in 2013 claiming the Irish food chain was misleading customers by making price comparisons on products that were not a like for like match.

For example they argued Aldi's sausages were Bord Bia approved while Dunnes Stores were not and that their tomato ketchup had 64% more tomatoes in it than the one used for comparison purposes by their rivals.

Aldi said they wrote asking Dunnes to desist but were ignored.

In litigation, they argued Dunnes Stores had engaged in unlawful comparative advertising in breach of EU directives and regulations and the 2007 Consumer Protection Act and sought an injunction to restrain them.

Mr Justice Brian Cregan has found almost entirely in their favour – He concluded that Dunnes Stores comparative advertisements included false information that were likely to confuse, mislead and deceive the average consumer.

He'll decide what steps to take next at a hearing later this month.

In a statement, Aldi stated: Aldi is pleased with today’s ruling which further underscores customers’ entitlement to clear, transparent and accurate information in comparative advertising to help them make properly informed decisions about what they buy.

It is a strong judgment and confirms all of Aldi’s complaints in this case including that the “calculated, and protracted nationwide” misleading comparative advertising campaign would be likely to cause consumers to make decisions they would not otherwise make."


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