FAS RUSSIA FINED PYATEROCHKA FOR INAPPROPRIATE ADVERTISING

The authority revealed a violation of the Law on Advertising in a TV commercial about rebates of the retail chain "Discounts for Pensioners"

Earlier, citizens complained to FAS Russia that the advertising of the Pyaterochka retail chain store (advertiser of Agrotorg LLC), distributed on the air of 1-TV and Russia-1, misleads them.

FAS Russia found that the information in the video gives consumers reason to believe that the sales promotion is applied to all goods in the stores of the retail chain. However, the discount was valid only for certain categories of goods. Full information about the terms of the rebates was reported on the retailer's official website and in the disclaimer (1) to the advertisement.

At the same time, the text of the disclaimers was made in small print and was shown in a promotional video for a short time.

Thus, the information essential for consumers about all the conditions of the promotion was formally present in the advertisement and could not be fully perceived by them due to the small print and short display time.

The law prohibits the distribution of advertising in which, due to the absence of some essential information about the advertised product, the conditions of its purchase or use, the meaning of the information conveyed is distorted, and consumers are misled (2).

Consequently, the authority initiated a case against Agrotorg LLC (Pyaterochka retail chain) on the grounds of violation of advertising legislation, and then a case of an administrative offense. Following the results of the cases hearing, the advertisement was found to be improper, the advertiser of Agrotorg LLC was issued an order to stop violating the advertising legislation. The company was fined for 300 thousand rubles.

For reference:

(1) Disclaimer – written notice of exclusion of liability for consequences published in an advertising video or advertising post.

(2) Part 7 of Article 5 of Federal Law No. 38-FZ of March 13, 2006 "On Advertising"

(3) Part 6 of Article 38 of Federal Law No. 38-FZ of March 13, 2006 "On Advertising"