The UK’s Advertising Standards Authority (ASA) has banned an ad from Nike that appeared on social media in December 2018, which the regulator said was “misleading” because it “implied that a range of sizes was available” for the advertised trainers when they were only on offer in older children’s sizes. The regulator also criticised the ad’s use of emojis, which created an impression of a significant discount. Another ad for Sky’s Now TV streaming service, which did not make it sufficiently clear that users who signed up for a free trial for two additional services would be charged for them after a week, was also banned by the ASA. Sky contested the criticism, arguing that seven-day free trials were “widely understood”.
Both Nike and Sky defended their ads, but the ASA said it was investigating the use of such “choice architecture” techniques and “dark pattern” tactics, which are used by some businesses to hide essential information. Such tactics include adding small fees added along the purchasing process and implying there are time- or supply-limits on a deal. Consumer group Which? has said that such strategies can be “manipulative” and could be financially harmful to consumers.
This is not the first ad from either Nike or Sky has been banned: Huel, a food replacement firm, has also seen three of its adverts removed by the ASA in the past couple of months. In the case of Nike, it argued that the ad was created and published by a third-party online footwear marketplace, rather than the sportswear giant itself.
The ad bans come amid growing concerns about online advertising, particularly around the use of Facebook and Google by users ranging from political campaigners to Russian propaganda groups. According to the UK’s Competition and Markets Authority, approximately 40% of the country’s digital advertising is controlled by Google, while around 20% is controlled by Facebook
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