Key points
- Lovisa used images of products not available for sale.
- ARB found this misleading under Clause 4.2.1.
- Members were advised not to accept the ad.
When promotional emails dazzle consumers with enticing product images, the unspoken promise is clear: these items are available for purchase.
That expectation lay at the heart of a formal complaint lodged against Lovisa South Africa, a popular jewellery brand, brought before the Advertising Regulatory Board (ARB) and adjudicated on 19 June 2025.
The complaint focused on newsletter campaigns that featured elegant jewellery items. However, according to the complainant, those specific pieces were never stocked, let alone for sale. When the consumer reached out to Lovisa’s customer service for assistance, staff were unable to assist without a Stock Keeping Number, and ultimately could not confirm the product’s availability.
A visual promise unkept
At issue was Clause 4.2.1 of Section II of the ARB’s Code of Advertising Practice, which prohibits advertisements containing any statement or visual presentation “which is likely to mislead the consumer.” Despite not being a member of the ARB and therefore not subject to its enforcement, the entity proceeded with its assessment for the benefit of its members, who regularly interface with such advertising.
In reviewing the material, the directorate determined that a reasonable consumer would naturally assume that items pictured in a marketing newsletter are available for purchase. The burden, the regulator argued, should not fall on consumers to chase down obscure item numbers or navigate unclear catalogues. Marketing should provide not only allure, but clarity.
The directorate also pointed out that some emails did include functioning links to products, yet not all the items pictured were accessible via those links. This inconsistency further supported the claim that the imagery created a misleading impression.
Implications for ethical marketing
Even though the ARB has no formal authority over non-member companies, its decision carries influence. It advised its members not to accept the Lovisa advertising “in its current form”.
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