Nike and Sky ads banned by ASA for using 'dark pattern' tactics in online shopping

Last December, a social media ad displayed a pair of trainers on a plain white background with the caption "Now just £26 at Nike!"

However, when shoppers clicked to purchase, the shoes were only available in older children's sizes.

On Tuesday, the Advertising Standards Authority (ASA) banned the Nike ad and another one from Sky, which the regulator said had similar issues.

The ASA is targeting online ads like these, saying they mislead customers due to their structure. Both companies defended their advertisements.

Nike's ad included an exploding head emoji and a black heart emoji to emphasize the deal.

The ASA stated this would make browsers expect a large discount and a wide range of sizes to be available.

In reality, the trainers were only in sizes UK3 to UK6. Additionally, children's shoes do not include VAT, making the discount seem less significant.

The ASA explained that it is investigating how companies use this type of "online choice architecture" after receiving complaints.

Brands frequently use tactics that encourage users to click on ads while withholding or delaying key details, known as "dark pattern" techniques.

These tactics can include "drip pricing," where small fees are added during the purchase process, reducing price transparency for customers.

Sometimes, ads highlight limited stock or time-sensitive offers to pressure consumers into buying.

Consumer group Which? noted last year that "dark patterns can leave consumers feeling manipulated or annoyed and in some cases may cause financial harm."

In Sky's case, the ASA criticized how subscription options were presented to customers signing up for Now TV, its streaming service.

People who signed up found that free trials for Cinema and Boost were automatically added to their basket and would auto-renew for a fee unless canceled before the seven-day free trial ended.

Though the free trial conditions were disclosed, the ASA noted the information was in smaller text and a less noticeable color.

The text was also positioned below the "proceed" button, making it easy for users to overlook, according to the ASA.

Sky maintained that the ad's presentation was clear, legible, and immediately visible.

The company added that the concept of a seven-day free trial is widely understood, and thus the ad was not misleading.