The Advertising Standards Authority (ASA) has banned promotional offer from Boots for a free No7 lotion due to concerns over stock availability causing participants “unnecessary disappointment”.

The ad was seen in The Mail on Sunday on 22 March which showed the image of a hand holding a tube of face lotion. It featured text which read: “FREE No7 face lotion pick up today from Boots”.

Readers were directed to a voucher inside the newspaper, which said customers could claim the product at a No7 counter in Boots on Sunday 22 March. The terms and conditions stated that some products may only be stocked in larger Boots stores, and that the offer was subject to availability.

The complainant tried to redeem their voucher in-store but was told that the item was out of stock and therefore questioned whether the offer broke the CAP Code.

Boots responded to the complaint, accepting responsibility for the voucher terms and conditions. The retailer thought it had taken all reasonable measures to ensure the product was available.

It highlighted that it had estimated demand for the product based on its previous promotion for the same product which ran for six days. The retailer pointed that overall supply exceed demand and that there hadn’t been a general availability issue.

As no purchase had been necessary and stock remained after promotion, the retailer reported it had not deemed a alternative remedy such as a refund or a substitute necessary.

According to the ASA, Boots provided information on stock allocation for all the participating stores and stock management was managed through its electronic point of sale till system.

The retailer said stick of levels of the promotional item were not replenished during the promotion and it was possible some stores might have experienced higher demand, but it had not been made aware of any instances of that happening. If that did happen, store employees were expected to direct consumers to the nearest store which had stock.

Around 90 per cent of Boot’s stores took part in the promotion, but some smaller stores such as hospital and health centre pharmacies and some travel stores did not stock the NO.7 range and many smaller pharmacies were also not open Sundays.

Boots reported the wording on the advert “take along to any Boots store today” had been written by the Mail on Sunday.

It also highlighted that the voucher had stated that the promotion was “subject to availability” and “while stocks last”.

Associated Newspaper Ltd t/a The Mail on Sunday also responded to the watchdog’s investigation, pointing out that its role was to work with their brand partners on the ads with the decisions on stock levels and distribution remaining with the brand and retailer.

It also confirmed it had not received any direct complaints from consumers.

The ASA ruled that the ad breached CAP Code (Edition 12) rules 8.1 and 8.2 (Promotional marketing), 8.9, 8.10, (Availability) 8.14 (Administration), 8.17 and 8.17.8 (Significant conditions for promotions).

It told the retailer that the ad must not appear again the form complained of.

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