Sports giant Nike and broadcaster Sky have faced bans on some of their advertisements for using marketing tactics that could mislead customers, causing them to spend more than they intended. Nike ran an ad on social media showing trainers priced at just £26, but when customers clicked on the link, they realized this price was only for children’s sizes. Meanwhile, Sky’s advertisement failed to clarify that the free trial for Now TV would automatically renew with a fee unless canceled.
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Misleading Advertising Tactics
The Advertising Standards Authority (ASA) has stepped in, tightening regulations on similar online ads, arguing that the way these ads are presented can mislead consumers. Although both Nike and Sky have defended their campaigns, the ASA pointed out that Nike’s use of an exploding head emoji and black heart emoji to highlight the attractive price could lead viewers to expect a significant discount and assume the trainers were available in a full range of sizes. In reality, the product was only available in sizes UK3 to UK6, which are children’s sizes exempt from VAT, making the discount seem far less appealing.
“Dark Patterns” and Deceptive Online Tactics
The ASA stated it is investigating the “online choice architecture” used by companies following numerous consumer complaints. Brands often use strategies that lure users to click on ads but hide or delay key information until later in the process—known as “dark pattern” tactics.
These strategies can include adding small fees during the purchasing process, known as “drip pricing,” which reduces price transparency for consumers. Ads sometimes also use phrases like “limited supply” or “limited time offer” to increase buying pressure.
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Consequences of Deceptive Advertising Tactics
Consumer advocacy group Which? noted that these “dark patterns” can leave consumers feeling manipulated or annoyed, and in some cases, cause financial harm. Shoppers are often pushed into purchasing products or services they do not genuinely want or end up spending more than planned.
The cases of Nike and Sky serve as a warning to companies about the need for greater transparency in their advertising. Consumers deserve protection from deceptive marketing tactics and should be fully informed before making a purchase decision. This issue extends beyond advertising; it is also a matter of business ethics, ensuring consumers are shielded from unnecessary financial losses.