CD-Wow stated in a recent email promotion: 'The Top 5 CD & DVD Sellers on CD Wow! ... From only £4.99 with free delivery.'
The ASA received a complaint from one recipient who was "unable to find any of the top five CDs or DVDs on the website for £4.99" and challenged whether the email was misleading.
CD-Wow failed to respond to the advertising watchdog's request for clarification of the issue.
Because CD-Wow did not provided evidence to substantiate the claim that the depicted DVDs and CDs were available 'from £4.99' at the time the email was sent, the ASA concluded that the ad was misleading.
The ASA found CD-Wow in breach of four Committee of Advertising Practice (CAP) Codes for Non response, Substantiation, Truthfulness and Prices.
The ASA instructed CD-Wow not to repeat the claim and asked CAP to advise its media members of the problem with CD-Wow.
The ruling is another blow to the online music store in the UK. The High Court ordered CD-Wow to pay £41m in compensation in May 2007 to the British Phonographic Institute after breaking a promise to stop selling CDs and DVDs in Britain.
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