Nike and Sky ads have been banned for using misleading ‘dark pattern’ tactics targeting consumers to make unintentional purchases. The Advertising Standards Authority (ASA) ruled against Nike for advertising a shoe at a low price but revealing it was for children’s sizes only upon clicking through. Sky’s ad failed to disclose that a free trial for Now TV would automatically renew with a charge unless cancelled. The ASA’s investigation is part of their broader work on “online choice architecture”, scrutinised by the Competition and Markets Authority.
The concerns around online choice architecture include price transparency, hidden fees, drip pricing, and fake reviews. Nike’s ad, shared on The Sole Supplier’s account, featured trainers with a caption “Now just £26 at Nike!”, leading consumers to believe it was for adult sizes. Sky’s Now TV website automatically added free trials to the shopping basket, renewing at a charge unless cancelled. Sky stated they would evaluate online customer journeys based on ASA’s concerns.
The ASA concluded that Nike’s ad misled consumers by not clearly indicating the product’s target audience, and Sky’s ad was misleading due to unclear terms for the free trial. Now TV committed to addressing the issues and implementing changes to the sales process for better transparency. The rulings highlight the importance of clear and honest advertising practices to protect consumers from unintended purchases.