The Advertising Standards Authority (‘ASA’) recently ruled that the claim ‘get unlimited One-Day Delivery with Amazon’ was misleading on foot of 280 complaints, most of which related to deliveries beyond ‘One-Day’. 

Ads on in December 2017 pushed ‘One-Day Delivery’ as a key reason to sign-up to their Prime service. They did, however, state on their website that ‘One-Day Delivery’ meant ‘1 business day after dispatch’ but this information was buried beneath a ‘Help and Customer Service’ tab – two clicks from the Home page.  

The ASA considered that consumers where likely to interpret the claim ‘One-Day Delivery’ to mean that all Prime labelled items were available for delivery by the end on the day after ordering, assuming the orders were placed in sufficient time and excluding Sundays. Accordingly, the claim was likely to cause consumers to make a transactions decision in relation to purchasing Amazon Prime.  On this basis, the advert was considered to be misleading.   

Accordingly, it was ruled that the ad must not appear again in its current form and Amazon have been told to make clear to consumers that some ‘Prime’ labelled items were not available to be delivered by the next day.

By Paul Sullivan FRSA

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