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The encyclopedia · Advertising & PR · Marketing decision · 2019

Hudson's Bay inflated mattress prices to fake the discount — Canada fined $4.5M

May 2019: Hudson's Bay paid $4.5M — sleep sets carried inflated 'regular prices' since at least 2013 so the discounts looked bigger than they were.

Hudson's Bay Company · 2019-05

What happened

Canada's oldest company ran its sleep-set business on what the Bureau calls high-low pricing: offer mattresses at inflated regular prices, then advertise deep discounts against them, so the savings look real. The 'regular price' was a number chosen to be discounted, not a price anyone paid. The Bureau also found the clearance claims misleading — ads implied prices were cut to move remaining inventory, when in fact the stores held little stock and simply ordered new product from manufacturers when a customer bought.

The Bureau took legal action in 2017 against the practices at the Hudson's Bay banner's 89 stores, running since at least March 2013. On 8 May 2019, two days before litigation was to begin, Hudson's Bay signed a consent agreement: a $4 million penalty plus $500,000 toward the Bureau's costs, sleep-set and major-appliance marketing brought into compliance with the ordinary-selling-price rules, and a corporate compliance program, binding for ten years.

The case drew the line for every 'was $1,999, now $799' ad in Canada: the ordinary selling price must be a real price, and 'clearance' must clear actual stock. Commissioner Matthew Boswell called unsubstantiated savings claims a barrier to informed purchasing — the penalty made them a priced one.

Why it happened

  • The regular price existed only to be beaten: the discount was manufactured, not offered.
  • 'Clearance' implied stock being emptied; there was little stock — new product was ordered on demand.
  • Six years of the practice across 89 stores made the inflated anchor the brand's pricing model.
What it cost$4M penalty + $500K costs; pricing correctedcostly

The lesson

A discount is a claim about two prices: the ordinary selling price must be genuine and 'clearance' must clear stock. Manufactured anchors are false advertising, not merchandising.

Aftermath

The consent agreement bound Hudson's Bay for ten years, covering sleep sets and major appliances. Six years later the company itself was liquidated, but the ordinary-selling-price rule it paid for still governs Canadian retail advertising.

Sources

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