The encyclopedia · Advertising & PR · Marketing decision · 2021
Viva Aerobus sold fares minus the airport fee — PROFECO fined it 4.8M pesos
Sept 2021: PROFECO fined Viva Aerobus 4.8M pesos — fares advertised without the mandatory airport charge, restrictions in type nobody could read.
Viva Aerobus · 2021-09
What happened
Viva Aerobus, Mexico's low-cost airline, advertised fares — including headline campaigns of trips for as little as 39 pesos — at prices that did not include the Tarifa de Uso de Aeropuerto, the airport charge every passenger must pay, and other mandatory costs. The real price arrived later. The restrictions that qualified the headline sat in illegible small print while the hook price was displayed large.
PROFECO notified preventive measures on 4 September 2021, giving the airline 24 hours to suspend the misleading advertising, and announced a fine of 4.8 million pesos. The case landed in the same sweep as BP's fuel claims, Vips' menu pricing and Sony's cancelled PS5 pre-sale — four brands named by name in the president's morning press conference.
The mechanism is the same one Canada's Competition Bureau was pricing at millions — drip pricing — with one local ingredient: the TUA is large, government-set and unavoidable, so excluding it makes every fare look cheaper than it can ever be. A fare advertised without its mandatory charges is not a fare.
Why it happened
- The advertised fare excluded the airport charge every passenger pays — the number in the ad was unreachable.
- The restrictions lived in illegible fine print while the hook price was the billboard.
- Mexico's drip-pricing case arrived years after Canada's; the precedent crossed the border, the practice did not.
The lesson
A price must include what every buyer must pay: advertising a fare without the mandatory airport charge makes the fare unreachable, and a disclaimer too small to read is no disclaimer at all.
Aftermath
Viva Aerobus suspended the advertising within the 24-hour window PROFECO set. The sweep became PROFECO's template for naming misleading advertisers publicly before fining them.
Sources
- PROFECO — Emite Profeco medidas preventivas para Viva Aerobus, BP y Vips por publicidad engañosa
- La Red Noticias — Profeco multa a Vips, Viva Aerobus, BP y Sony con 4.8 mdp por publicidad engañosa
spotted an error? The club wants to know.
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