NAD Suggests Changes To Price Comparison Advertising

The National Advertising Division of BBB National Programs (NAD) recently issued a final decision in a competitive challenge brought by Ahold Delhaize USA against Lidl US, LLC concerning Lidl's comparative grocery price advertising. 

The challenged ads included statements such as “Save over 30% on the exact same basket when shopping at Lidl versus Stop & Shop,” “Save up to $28 on the exact same basket when shopping at Lidl vs. Giant,” and “Skip Food Lion. Save $27.” 

Comparative Pricing Claims Generally

A major focus of the decision was the timing of Lidl's price comparisons. Ahold submitted evidence that its grocery prices change weekly across thousands of SKUs. Lidl countered that its own prices are relatively stable and that it disclosed the date of comparison in its ads.