Sainsbury’s loses High Court appeal against Tesco’s Price Promise campaign

Following an initial complaint from Sainsbury's in 2013, the Advertising Standards Authority (ASA) had ruled that own-brand and fresh products from both retailers could be legitimately compared.

However, during the appeal lawyers argued that the quality of products, sustainability and ethical matters were not taken into account in the ad and it was like comparing “apples and pears”.

Products at the centre of the row included bottled water, tea bags, chicken korma, eggs, cod fillets, and ham.

Today (10 November) Mr Justice Wilkie dismissed Sainsbury's application for a judicial review of the ASA’s decision.

A statement from Sainsbury's read: "We are disappointed by today’s outcome and we will consider all our options.

"Whilst we respect the court’s decision that the Independent Reviewer acted lawfully when adjudicating our complaint against Tesco, we continue to believe that it is fundamentally misleading for customers if price comparison schemes are inconsistent in taking into account provenance, quality and whether products are Fairtrade or sustainably sourced.

"These values continue to be at the heart of our business and it will be for customers to reach their own verdict on this issue.”

Meanwhile, a Tesco spokesperson said that its Price Promise campaign "makes fair and reasonable comparisons between our branded and own brand products" and those of its competitors.

“We are pleased the court has reached this decision. As we’ve said throughout this process, we are on the side of customers. We are strong supporters of fair and transparent sourcing, with long and positive relationships with our suppliers and work with them to deliver the best quality products at great prices for our customers," they added.

The ASA told The Drum that it was “pleased” with the outcome.