The advertising campaign for Nike sneakers was critiqued as misleading, as it promoted $35 children's footwear to an adult audience.
The ad showcased a set of sneakers side by side with the caption, "Now only £26 at Nike!", accompanied by exploding head and black heart emojis, as per the Advertising Standards Agency (ASA).
This particular ad appeared on the X account of The Sole Supplier, an online marketplace retailing footwear and clothing from various prominent brands, in December 2023, the regulator mentioned in its decision on Wednesday.
Upon clicking the ad, it redirected users to a page on Nike's website, displaying a pair of sneakers categorized as an "older kids' shoe", suitable for UK sizes 3 to 6 (equivalent to US sizes 3.5 to 6.5 for men, and 5 to 8 for women). The ASA pointed out that the ad failed to inform consumers about the intended age group or the limited adult sizing options.
"There was no indication in the ad that the sneakers were intended for older children or that the availability was limited to certain adult sizes," the ASA stated, further asserting that the ad was potentially misleading by omission.
The majority of Nike's lifestyle sneakers could be purchased in UK sizes up to 9.5 for women (equivalent to a woman's 12 in the US) and up to size 14 for men (equivalent to a man's 15 in the US) at the time, the agency stated.
"The limited availability of the advertised product's sizes would prevent a considerable number of adults from purchasing their desired size," the ASA concluded, ultimately ruling that the ad should not be displayed again.
Nike (NKE) claimed that the ad was created and disseminated by The Sole Supplier without their intervention or monitoring, the ASA noted. Nike further disagreed with the misleading nature of the ad, arguing that a reasonable consumer would anticipate a limited number of sizes for the product.
For its part, The Sole Supplier acknowledged the possibility of presenting sizing information more conspicuously in future ads, the ASA stated.
A spokesperson for Nike refused to comment on the matter, directing CNN to the information provided in the ASA ruling. The Sole Supplier did not immediately respond to a request for comment.
The ASA also noted that the ad suggested the advertised price represented a substantial discount compared to the regular price of adult sneakers. However, considering children's shoes are usually less expensive and exempt from sales tax in the UK, the ASA concluded, "£26 would not appear as a heavily discounted price to the average consumer for children's (sneakers)."
The ban forms part of the ASA's broader investigation into presumed deceitful advertising practices through what they call "online choice architecture" – or, in simpler terms, the way businesses construct their websites and social media platforms to interact with consumers.
In a 2022 report by the UK's Competition and Markets Authority, online choice architecture was seen as a tool for companies to manipulate consumer behavior, such as prompting them to purchase more than they normally would and at higher prices.
Businesses should be transparent about the intended age group and size availability of their products in advertisements, as seen in the case of the Nike sneakers ad on The Sole Supplier's X account, which was found misleading by the Advertising Standards Agency (ASA).
The ASA's investigation into presumed deceitful advertising practices through online choice architecture highlights the importance of businesses ensuring fair and transparent practices in their websites and social media platforms.
