NAD Recommends Advertiser Modify In-Store Price Matching Guarantee

The National Advertising Division ("NAD") recently recommended that Toys "R" Us modify or discontinue a price-matching claim advertised. Specifically, Toys "R" US advertised its price matching claim as follows: "Price Match Guarantee-Spot a lower advertised price? We'll match it. See a Team Member for details" on in-store banners.

NAD reviewed this claim in response to a complaint by a consumer who reported that he had unsuccessfully attempted to purchase a game at Toy "R" Us for the same price offered online by a Toys "R" Us competitor. Toys "R" Us claimed that it would match prices in competitor's print ads, but, with certain limited exceptions, does not match online pricing.

While acknowledging that in-store banners have limited space, NAD nonetheless determined that the price matching claim was overbroad and should be discontinued or modified to more accurately describe that the price-match guarantee. NAD concluded that the disclosure - "[s]ee a Team Member for details" - with the price-matching guarantee not applicable to prices found online, directly contradicted the main message conveyed by the in-store banner reading, "Price Match Guarantee - Spot a lower advertised price? We'll match it."

It is important to note that a disclaimer will not cure a misleading claim and cannot contradict the main message conveyed by the claim.

NAD's decision is available on its website: http://www.asrcreviews.org/category/enter-the-asrc-online-archive/

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