- The shopper complained that she was misled by Pep’s “buy any 2 for R99.99” promotion, as she was charged per item instead of for both.
- The Advertising Regulatory Board ruled that the unclear pricing amounted to misleading advertising and breached the Code.
- Advertising members have been instructed not to accept or publish Pep’s wording again following the 17 October 2025 ruling.
The offer seemed like a bargain too good to pass up: “Buy any 2 kids track pants and track tops (7–14 years) for R99.99 and save R40.00.” But when one Pep customer reached the till, she realised something was off.
Instead of paying R99.99 for both garments, she was billed R99.99 each, totalling R199.98, with a R40 discount applied only afterward. Feeling deceived, the shopper took her frustration to the Advertising Regulatory Board (ARB), saying the ad was misleading and that she “would never have made the purchase” had she known the real price.
“I saw the ad and thought I’d get two items for R99.99. Nowhere did it say the price was per item,” she wrote in her complaint, attaching her till slip as proof.
Misleading communication
The ARB found that the Pep Stores advertisement failed to clearly communicate the offer, labeling it as ambiguous and misleading. According to the ruling, the deal could easily be read in more than one way — either that each item cost R99.99, that both together cost R99.99, or that a discount applied on a combined total.
In its decision, the ARB stated: “Clause 4.2.1 is clear that ambiguous communication is misleading. The claim can be read in three ways… Given the ambiguity of the claim, the reasonable consumer might well be confused.”
Pepkor Holdings Limited, which owns Pep Stores, did not respond to the complaint and does not submit to the ARB’s jurisdiction. Nonetheless, the Board emphasised that it may still rule on such matters to guide its members, particularly on whether they should accept or withdraw advertisements that may breach ethical standards.
Frustration over silence
The ARB expressed disappointment at Pep’s lack of engagement, remarking: “It is always frustrating for the Directorate to make a decision in the absence of a response – especially in a matter like this where it appears that there may be an explanation.”
Without any input from the retailer, the Board found the wording “buy any 2 kids track pants and track tops (7–14 years) for 99.99 and save R40.00” to be ambiguous and in breach of Clause 4.2.1 of Section II of the Code of Advertising Practice.
A lesson in clarity
The ARB upheld the complaint and instructed its members not to accept any Pep advertisement repeating the same claim.
Consumer advocates say the case highlights the importance of clarity in advertising — especially when targeting lower-income shoppers. What may look like a small pricing error, they warn, can easily erode public trust and strain household budgets.
“The difference between ‘R99.99 for two’ and ‘R99.99 each’ isn’t a typo,” one consumer rights activist commented, “it’s the difference between feeling respected and feeling cheated.”
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