The supermarket was dealt a blow last week after the Advertising Standards Authority rejected a complaint it had made about its rival’s Price Promise scheme, which unlike Sainsbury’s similar Brand Match compares own brand products where an equivalent is sold by a rival.
Sainsbury’s argued Tesco is misleading the public because its own brand products are superior in quality but the ASA said it was “satisfied” Tesco had taken into account those differences when creating the advert.
Sainsbury’s is expected to request an independent review of the ASA’s decision this week. The independent reviewer, Sir Hayden Phillips, could reverse the decision if new evidence is presented or that flaws in the adjudication are found.
It is understood Sainsbury’s could take separate legal action, however, over concerns the ASA does not take into account the quality of food when making its rulings.
According to sources quoted by The Daily Mail, Sainsbury’s is mulling taking its case to the courts in a bid to overturn the ASA’s decision. It is said the supermarket’s bosses believe a judicial review would consider food provenance as well as price.
A spokesman for Sainsbury’s declined to comment. The ASA says it is yet to recieve any requests for a review.
Sainsbury’s launched a campaign to press its case last week using the strapline “same price, different values”.