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Will The Advertising Standards Agency Rule Against Ebay's Knickerless Celebrities Ads?

Settled as No

The ASA refuses to act. Letter published in background.

Background:

Background: eBay recently got into hot water in France when a court in Paris awarded damages of 40 million euros ($63 million) to luxury goods group, LVMH, over eBay auctions of counterfeit products. eBay's defense in that case was that it can't police all the products that are sold on its site. However that defense is of no use when the activity in question is eBay's own advertising.

If you have ever conducted a search on Google or browsed the web you are likely to have seen an eBay ad for random items that eBay almost certainly don't have. Pretty novel marketing technique eh? Well yes, but it also happens to be illegal in the UK where it is in contravention of the Advertising Standards Agency's (ASA) rules on advertising (rule 16.5 on 'switch selling' in the British Code of Advertising, Sales Promotion and Direct Marketing).

Exhibit A - found on Lipstick.com on May 15th
Knickerless Celebrities eBay Ad

However clicking on the link brings us to exhibit B:
No Knickerless Celebrities

I believe that eBay should stop switch selling and have therefore lodged a complaint with the Advertising Standards Agency (I also think they should keep their grubby hands off Craigslist but that is another matter). Will the ASA uphold this complaint and ban eBay from using this technique again in the UK?

Of course, there could be a third outcome which is eBay make good their promise and actually start selling knickerless celebrities!

UPDATE: No action. Here is the letter:
ASA Letter

Settlement details:To be settled by the ASA's ruling which will be communicated to the question creator (who will not participate on this question).

 
Forecast history %
Yes
40%
No
60%
Settled as No on Tue 5th Aug 2008 12:45pm PST

Suspend date: Sun 31st Aug 2008 11:59pm PST
Settlement date: Tue 5th Aug 2008 12:45pm PST

Initial likelihoods: Yes: 30%

Action history:

Created Tue 22nd Jul 2008 2:02pm PST by nigeleccles[Admin]
Suspended Tue 5th Aug 2008 6:30am PST by nigeleccles[Admin]: Settlement pending
Settled as 'No' Tue 5th Aug 2008 12:45pm PST by nigeleccles[Admin]: The ASA refuses to act. Letter published in background.

Suspend date: Sun 31st Aug 2008 11:59pm PST
Settlement date: Tue 5th Aug 2008 12:45pm PST details

 

Predictions (42)

1 year ago
chrisfmasse predicted No (H$20 at 60%)
1 year ago
bout3fitty predicted Yes (H$500 at 40%)
1 year ago
thegodfather predicted No (H$150 at 61%)
1 year ago
jenjen predicted No (H$100 at 61%)
1 year ago
anaverageamerican predicted Yes (H$20 at 39%)

Comments (5)

Great question!

(why does it suspend in five weeks? -- I would think something like this would take longer.)
posted 1 year ago
I'll re-open it if it takes longer.

I've just found out knickerless celebrities aren't the only thing they are pretending to sell. Anyone for buying 'Steve Irwin dead'?

http://www.theregister.co.uk/2006/09/05/ebay_steve_irwin/
posted 1 year ago
  3 mrperfkt[Admin]
Yeah, but you can also find the secret to life on ebay! Interestingly, this guy found it while eating a Polish sandwhich.....

http://www.whattheheck.com/ebay/secret.html

For those who are looking for less than the secret to life...

http://www.whattheheck.com/ebay/bigzero.html
posted 1 year ago
  4 tomg[Admin]
Haha hilarious!! Nigel, were you disappointed when you clicked through?
posted 1 year ago
Totally disappointed. It is not as if there isn't enough knickerless celebrities to go around! I'm sure Craigslist has Lindsay at least, maybe even a Britney.
posted 1 year ago

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