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Home Rulings MCDONALD SA / MCDONALD'S GRAND BIG MAC / JEANETTE OOSTERHUIS / 2018-7885F

MCDONALD SA / MCDONALD'S GRAND BIG MAC / JEANETTE OOSTERHUIS / 2018-7885F

Ms Oosterhuis lodged a consumer complaint against the Respondent’s advertising appearing on Facebook promoting the Mcdonald's Extra Large Grand Big Mac.

The Post states "Looks like we’re getting closer to the launch of #BigMacYourWay with delivery! Order an Extra Large Grand Big Mac meal for a limited edition surprise gift! Hurry, it’s only valid between 10:30am and 12:30pm, while stocks last.
T&Cs apply. Download the app now: http//bit.ly/McDeliveryDay2019f”

COMPLAINT

The Complainant submitted that McDonald’s is advertising that when you order an Extra Large Grand Big Mac meal you will receive a limited edition surprise gift. She argued that all the visuals give clue that it might be a pair of socks etc. but when she purchased the offer she was given a voucher. She argued that the advertising is misleading to consumers.

RELEVANT CLAUSE OF THE CODE OF ADVERTISING PRACTICE

In light of the complaint the Directorate considered Clause 4.2.1 of Section II as relevant.

RESPONSE

The Respondent submitted that the advertising in question was a one-day promotion run by McDonald's on 7 June 2018. In terms of the promotion mechanic, any customer that ordered a Grand Big Mac on 7 June 2018 and elected to have the product delivered to them by McDelivery or Uber Eats received a complimentary gift of either a pin badge; a pair of socks; or a key ring.

The Respondent explained that in terms of its investigation in regards to the purchase by Ms Oosterhuis revealed that the cashier processing the order entered the wrong promotional code on the point of sale equipment thereby generating the reward (i.e. a voucher) for a promotion different to the McDelivery/Uber Eats promotion. It therefore submitted that this complaint resulted from a service level error caused by a staff member’s failure to use the correct point of sale promotional key.

The Respondent further submitted that in terms of T&Cs, McDonald's is entitled to substitute a gift with an appropriate replacement of equal or greater value.

ASA DIRECTORATE RULING

The ASA Directorate considered all the relevant documentation submitted by the respective parties.

Clause 4.2.1 of Section II of the Code states, "Advertisements should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer”.

From the submissions at hand, it would appear that the complainant should automatically have received the surprise gift as advertised, which could either be a pin badge, a pair of socks or a key ring. The respondent has explained that this issue arose because the cashier used an incorrect promotional code when processing the order. The Respondent has submitted that this was an isolated incident.

In addition, and in an effort to compensate the complainant for her inconvenience, it also tendered to deliver to her of a pair of the promotional socks.

From this, it would appear that the advertising was not misleading and did not create ambiguity in terms of the promotional gift, as the advertised gifts were available. 

As such, the advertisement does not appear to have contravened Clause 4.2.1 or Clause 19.3 of Section II of the Code.

The complaint is dismissed.

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