The Advertising Regulatory Board (ARB) in South Africa has ruled against a dress advert by global online retailer Shein, citing it as misleading. The dress, marketed as the 'Serin Elegant Champagne Luxurious Beaded & Sequin Satin Ruffle Hem High Slit Fishtail Evening Dress', was showcased with flawless draping and a premium sheen. However, customers who received the dress reported that it was made of 93% polyester and 7% elastane, significantly differing from the advertised luxurious satin.
The complainant, a vigilant consumer, uploaded review photos revealing a stark contrast between the advertised dress and the actual product. The fabric was less lustrous, the drape was heavy, and the overall look was undeniably cheap synthetic rather than premium satin. The consumer lodged a complaint with the ARB, pointing to the vast chasm between Shein's polished imagery and the textile reality.
Shein argued that they are not official ARB members and that fit naturally varies from person to person. They also claimed that the exact polyester composition was technically disclosed in the fine print of the advertisement. However, the ARB directorate refused to allow the fine print to be used to smooth over a misleading first impression.
In their ruling, the ARB declared that an advertiser cannot clarify an initially misleading impression in the small print of an advertisement. The board noted that AI-assisted imagery is not inherently against the rules but using it to idealise fabric texture while slapping on authoritative "S-Verified" badges creates a materially inaccurate representation.
The ARB issued a binding citation instructing its members not to accept or publish any advertising from Shein that uses stylised quality indicators like "Satin" or "S-Verified" if the fabric is actually polyester. This move aims to protect consumers from misleading advertisements and ensure that they are not misled by online retailers.
The ruling highlights the importance of accurate advertising, particularly in the e-commerce industry. Online retailers must ensure that their advertisements accurately reflect the products they are selling, and not mislead consumers with AI-enhanced imagery or stylised quality indicators.
The ARB's decision also raises questions about the role of AI in advertising and the need for clear guidelines on its use. As AI technology continues to evolve, it is essential for regulatory bodies to stay ahead of the curve and ensure that consumers are protected from misleading advertisements.
Key points
- The ARB ruled that an advertiser cannot clarify an initially misleading impression in the small print of an advertisement.
- Shein argued that they are not official ARB members and that fit naturally varies from person to person.
- The ARB issued a binding citation instructing its members not to accept or publish any advertising from Shein that uses stylised quality indicators like "Satin" or "S-Verified" if the fabric is actually polyester.
