Pricing in Advertising: It’s a matter of wording…
Upon settling, FGL stated clearly that it does not admit to any wrong doing. From FGL’s perspective, choosing to settle instead of fighting in court was only because it did not want to spend the time and money it would have required. So who is right? Was FGL in fact inflating their prices before putting products on sale to show bigger discounts for customers?
The answer: It depends on who you believe! The dispute’s main focus was on the interpretation of the definition of “regular” price. FGL made heavy use in each of its flyers of the phrase “x % off regular price”, leading customers to come to the store to save money on items they would have normally purchased at a higher price. FGL defined the “regular” price of an item as the price on the item’s ticket or tag. This price was determined by the MSRP, or the Manufacturer’s Suggested Retail Price. The item would be brought into stores at that price, and every time FGL wanted to advertise that particular item, it would state its “regular” price, being the ticket price or MSRP.
From the Bureau’s perspective, the “regular” price is the actual price that the product is sold for more than 50% of the time it is available for sale, regardless of what it states on the ticket or tag. For example, if FGL had a T-Shirt arrive in stores and for the following week sold it at the ticket price of $19.99, followed by 2 weeks on sale at $14.99, the new regular price at the end of those three weeks would be $14.99, not $19.99. This $5 difference is what the bureau stated as an “inflated” price.
So how are retailers, such as Winners, able to state in their company advertising “20-60% off everything in store, every-day”? The answer is simple: They do not use “regular” price as the starting point to the savings figure. They use “compared to our competition” or some variations of that. Nowhere is the retailer publishing what their “regular” price is in their advertising. Therefore, they have the ability to have items on sale all the time! Who’s to say that Winners isn’t inflating their prices? How do they decide which other retailer they will compare their prices to?
In the end, in this highly competitive retail market, retailers are forced to come up with new and innovative ways to draw customers to their stores. FGL now employs “x% off the last ticketed price” instead of “regular” price in their advertising. Does this change of wording make a big difference in the customer’s eyes? I don’t think so. The Competition Bureau is there to monitor, but who is to say that they are always right?


