Adverts by Nike and Sky have been ruled misleading and subsequently banned due to their use of “dark pattern” tactics aimed at prompting consumers to make unintentional purchases. The Advertising Standards Authority (ASA) found that Nike advertised a shoe at a low price, but upon clicking through, consumers discovered it was for a children’s size, not clearly indicated in the original ad. Similarly, Sky failed to explicitly state that a free trial for Now TV would automatically renew with a charge unless cancelled.
The ASA highlighted these cases as part of a broader investigation into “online choice architecture” (OCA), also under scrutiny by the Competition and Markets Authority. Online choice architecture concerns transparency in pricing, product details, hidden fees, drip pricing, and the authenticity of reviews. Nike’s ad, appearing on The Sole Supplier’s X account, featured trainers at £26 with emojis indicating a significant discount. The ad did not clarify that the trainers were for older children and limited to a UK size 36, misleading shoppers.
In another case with Now TV, the ASA investigated how free trials were automatically added to the basket and would auto-renew at a charge unless cancelled. Sky UK, trading as Now, mentioned that consumers were informed of the auto-renewal for additional services after free trials. However, the ASA noted that the crucial conditions were not prominently displayed, leading to potential consumer misunderstanding.
Now TV responded by stating their commitment to customer experience and intentions to refine their sales process. They plan to implement a new customer membership self-select check-out process to enhance clarity. The ASA’s intervention aims to ensure fair and transparent online practices for consumers. Nike and Sky have been instructed to make necessary changes to adhere to advertising standards and avoid misleading tactics in the future.