Pick n Pay, Checkers slug it out

Attorneys Bell Dewar, on behalf of Pick n Pay Retailers, lodged a competitor complaint against a TV commercial for Checkers.

The advert thanks more than 800000 South Africans for changing their supermarket, rather than their lifestyle. The visual “since 2009 we've welcomed 809127 new shoppers” also appears on screen.

Pick n Pay submitted that certain claims require proof. These include: South Africans having changed their supermarket, and that since 2009, 809127 new shoppers have moved to Checkers. Other claims were that Checkers has “the best lamb in South Africa”, “exotic new cheeses” and “finest wines”. Pick n Pay requested that Checkers prove these statements to be factually correct.

Checkers withdrew the advert, which was last broadcast on 24 March 2010.

Neil Schreuder, Shoprite Group marketing manager, said the advert had run its course and was never due to be flighted after 24 March.

“We informed the ASA that we no longer intended flighting the ads, and they therefore did not rule on the merits of the matter. The claims in the media about Pick n Pay ‘thwarting' Checkers ads [are] therefore incorrect.” He said Checkers supermarkets were for 2009 by far the best-performing brand in South Africa.

Gail Schimmel, independent consultant to Edward Nathan Sonnenberg Attorneys, said that when a retailer claims “lowest prices” it usually results in a complaint from competitors, as this type of claim is attractive to consumers.

Jonathan Ackerman, marketing director of Pick n Pay, said Checkers agreed to withdraw the advert before the complaint reached a hearing stage.

In a previous ruling in which Checkers took Pick n Pay to the advertising authority on claims of lowest price points, Checkers won the ruling.

Source: The Times