THE HIGH COURT has ruled that a Dunnes Stores advertising campaign comparing product prices with rival chain Aldi was likely to mislead customers.
Advertisements claiming that certain Dunnes own-brand goods were cheaper than Aldi equivalents amounted to a violation of EU legislation and customer protection law, Mr Justice Brian Cregan said.
False information
He found that 14 out of 15 Dunnes pricing labels had included false information about their nature, composition or ingredients.
The labels in question involved products including sausages, turkey breast mince, yoghurts, toilet paper, tomato ketchup, tinned beef and dry cat food.
The judge also said that the advertisements has not objectively compared products intended for the same purpose.
Such information “would be likely to cause the average consumer to make a transactional decision, which that consumer would not otherwise make,” he concluded.
Lower prices
Aldi had claimed that Dunnes infringed consumer legislation by displaying misleading banners in supermarkets in Cork , Kerry, Kildare, Louth, Offaly and Waterford during October and November 2013.
The slogans on display included the words ”lower price guarantee”, “guaranteed lower prices on all your family essentials every week” and “Aldi match”.
The case was today adjourned for two weeks to allow both sides to consider its ruling.
In a statement this afternoon, Aldi welcomed the judgement and said it “further underscores customers’ entitlement to clear, transparent and accurate information in comparative advertising to help them make properly informed decisions about what they buy.”
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