NAD received a complaint from a consumer, who claimed that during a visit to Toys "R" Us, he spotted signage throughout the store claiming, "Price Match Guarantee—Spot a lower advertised price? We'll match it." The consumer presented a lower price from an online retailer to a store clerk, who informed the consumer that Toys "R" Us would only match prices offered by competitors at bricks and mortar stores and its own online prices. NAD concluded that consumers who are told only that certain limitations and restrictions apply would not reasonably expect a price match guarantee to exclude online prices offered by competing retailers. NAD concluded that the disclosure that consumers "[s]ee a Team Member for details," only to be told that the price-matching does not apply to prices offered by competitors online, directly contradicts the main message conveyed by the in-store signage. While NAD acknowledged the limited space on in-store banners, NAD found the price match guarantee advertising was overly broad. Consequently, NAD recommended that the advertiser either (1) discontinue the overly broad price match guarantee language, or (2) modify the advertising to more accurately describe that the price match guarantee for toys applies to competitors' in-store prices.
TIP: Advertisers should take care not to make statements in advertising copy that are overly broad, and ensure that all material limitations are disclosed in the advertising.