Nike and Sky adverts banned for using 'dark pattern' tactics

Adverts for Nike and Sky have been banned for using so-called “dark pattern” tactics designed to lead consumers to unintentionally spend money. In the case of Nike, the footwear giant advertised a shoe at a low price, causing consumers to click through only to find that it was for a children’s size, while Sky did not make it clear that a free trial for Now TV would automatically renew with a charge unless cancelled.

The Advertising Standards Authority (ASA) said both rulings were part of its wider work investigating “online choice architecture” (OCA), which has also come under scrutiny by the Competition and Markets Authority. Concerns around OCA, or how retailers sell to customers online, include price transparency and product information, hidden fees and so-called “drip pricing”, as well as fake and misleading reviews.

Nike’s ad, which appeared on The Sole Supplier’s X account in December, featured an image of a pair of trainers and the caption “Now just £26 at Nike!”, followed by exploding head and black heart emojis. The ASA, which understood the product was intended for older children and limited to a UK size 36, investigated the ad over concerns it misled shoppers.

Nike said the ad was created and published by The Sole Supplier without any input or oversight from it, but it did not believe it was misleading, arguing a reasonable consumer would assume there would be some limitation on the item, such as the availability of sizes.

The ASA noted there was nothing in the ad to indicate to consumers the trainers were intended for older children or that they were available in limited adult sizing, while the “Now just £26” caption alongside the exploding head emoji reinforced the impression that they were intended for