Adverts for Nike and Sky have been banned for using so-called “dark pattern” tactics designed to lead consumers to unintentionally spend money. Nike advertised a shoe at a low price, causing consumers to click through only to find that it was for a children’s size. While Sky did not make it clear that a free trial for Now TV would automatically renew with a charge unless cancelled.
The Advertising Standards Authority (ASA) said both rulings were part of its wider work investigating “online choice architecture” (OCA), which has also come under scrutiny by the Competition and Markets Authority. UK high street shops that no longer exist Concerns have risen around OCA, or how retailers sell to customers online. This includes price transparency and product information, hidden fees and so-called “drip pricing”, as well as fake and misleading reviews.
What was wrong with the Nike advert Nike’s ad, which appeared on The Sole Supplier’s X (formerly Twitter) account in December, featured an image of a pair of trainers and the caption “Now just £26 at Nike!”, followed by exploding head and black heart emojis. Nike are in hot water over this advert which was said to have "misled shoppers". (Image: Advertising Standards Agency (ASA)/PA Wire) The ASA, which understood the product was intended for older children and limited to a UK size 36, investigated the ad over concerns it misled shoppers.
Nike said the ad was created and published by The Sole Supplier without any.