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One step beyond – Sainsbury takes ASA to judicial review

4 November 2013

Sainsburys says that the Advertising Standards Authority were wrong to reject its recent complaint about the Tesco Price Promise – and they are so aggrieved that they have requested judicial review of the ASA’s decision.

In particular, Sainsbury’s say that the Price Promise campaign fails to take into account significant differences when it is comparing Tesco’s and Sainsbury’s own-brand products. For example, it says Tesco compares its Everyday Value tea with Sainsbury’s Basics tea – but the Sainsbury’s tea is Fair Trade, whilst Tesco’s is not. It says this is misleading customers.

This is an interesting strategy – and not just legally. The unusual nature of this action has enabled Sainsbury’s to keep their message – that Sainsbury’s are about “values“, not just price – in the mainstream media.

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