- ARB ruled Etihad’s “return from ZAR 635” ad was misleading.
- The airline offered no proof that the fares were genuinely available.
- The ruling was made even though Etihad never responded to the complaint.
The Advertising Regulatory Board (ARB) has ruled that a Facebook ad by Etihad Airways promoting return flights from R635 gave consumers a false impression of what was actually on offer.
A consumer flagged an Etihad ad suggesting return flights to Abu Dhabi were available for under R9,000, with fares starting from just R635. She questioned whether those prices were ever realistically within reach and argued the ad left people with a misleading picture of what they could actually book.
The complainant stated, “I understand perhaps one or two of these flights were available when the ad launched.” She went further, questioning the fairness of the continued promotion, adding, “How long can a company ethically claim such prices when nothing near those prices is available in the following days?”
She also highlighted difficulties in obtaining clarity from the airline, stating, “When I spoke to customer service, they refused to answer my questions about the promotion or the advert.”
Etihad went silent
Etihad never responded, despite repeated attempts to reach them. The ARB acknowledged it has no direct authority over non-members, but it can still rule on whether its members should accept or pull an advertiser’s content.
In short, the ARB cannot force a non-member to act, but it can tell its members whether an ad is acceptable to run.
Why the ad fell short
The ARB assessed the ad against the Code of Advertising Practice, focusing on rules around misleading claims, price representations, and sale advertising.
The ruling was clear. Ads must not create a false impression of availability, and the Code states, “Advertising should not contain any statement or visual presentation which is likely to mislead the consumer.”
“From” pricing is only acceptable when those prices are genuinely available to a meaningful number of consumers. The Code makes clear that such claims are unacceptable where they “bear no relation to the prevailing level of prices.”
Etihad’s silence made the case simple. With no supporting evidence submitted, the ARB had nothing to weigh against the complaint. As the Directorate noted, “No such evidence is before the Directorate.”
The ARB also considered the ordinary consumer’s perspective. As the ruling put it, “A hypothetical reasonable person would, on seeing the advertisement, conclude that return tickets to Abu Dhabi were still available at the advertised price.”
The verdict
The ARB found that the ad breached multiple provisions of the Code. The ruling was unambiguous, stating, “The claim ‘return from ZAR 635’ was misleading.” The ad was found to have contravened rules on misleading claims, pricing structures, and sale advertising.
Since the promotion had already ended by the time of the ruling, no further action was needed from ARB members.
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