…as High Court upholds its ruling on Dixons Group ‘misleading’ ads

The Advertising Standards Authority has won its second legal battle in a month after an attempt to overturn its ban on misleading ads for Dixons and Currys failed.

Parent company Dixons Stores Group (DSG) Retail took the ASA to the High Court to protest against its rulings on a number of ads affecting the chains, but Mr Justice Popplewell dismissed the challenges and said the courts should be reluctant to interfere with ASA decisions.

He made an order for costs against DSG and refused leave to appeal.

One ad for Dixons, which appeared in a 1995 new year sale leaflet, claimed “Britain’s lowest prices guaranteed”. Dixons offered only to match its competitors’ lowest prices, not beat them, which the ASA ruled did not justify use of the superlative “lowest”.

A press ad for Currys included the claims “Best for choice”, “Number one for choice”, “Best for value”, “Number one widest choice of top brands” and “Number one daily price check”. The ASA ruled the claims must refer to the products featured in the ads, which could not be substantiated.

An ASA spokesman says: “We are delighted that the fairness of our adjudications has been recognised by the courts.” There was no one available for comment at DSG.

Last month, in a separate legal case, the High Court ruled the ASA was not obliged to take account of the European Convention on Human Rights in reaching its decisions (MW November 8).

North London businessman Harry Rich has been appointed to the ASA Council. He runs several small businesses and was involved in the launch of New Moon, a magazine for 18- to 35-year-old Jews.