Bakkavor rapped by ASA for ‘misleading’ pizza promotion

However, the complainant who purchased the product later found out that the Cookie Dough Dessert was not eligible for the promotion and challenged whether the ad was misleading.

In its defence, Bakkavor said that the dessert was not eligible noting that the promotional banner stated: “Pick Up A Pizza Pack To Play & Win”. The manufacturer felt this was ‘unambiguous’ as it specifically referred to pizza packs, and not sides, desserts, or other product categories.

Bakkavor also said that there was no wording on the Cookie Dough Dessert packaging that suggested it was eligible for the promotion such as “participating pack”, “promo pack” or “entry with this product”. As such, it believed that the mandatory purchase requirement was printed clearly on the side of the package which said “Restrictions and exclusions apply” and “Promotional pizza purchase necessary”, further clarifying that the purchase of a pizza, rather than a dessert, was required.

It acknowledged that the packaging did not include text which explicitly stated that the product was eligible but noted that this was ‘less prominent’ than other messages which contributed to the impression that the Cookie Dough Dessert was eligible. The watchdog also noted some ambiguity due to the word ‘pizza’ in the company’s name.

“For those reasons, we considered that because the ad implied that the Cookie Dough Dessert was eligible to enter the promotion, when that was not the case, it was misleading,” the ASA stated.

“We also considered that, because of that, the promotion was likely to have caused unnecessary disappointment to consumers who had purchased the pack only to find out later that it was not eligible and we concluded that the promotion breached the Code on that basis.”

In response, Greencore, which completed its takeover of Bakkavor late last year, said: “We note the ASA’s decision and will abide by its ruling.”