Local company Lingerie Dolls SA has been rumbled for attempting to pass off cheap factory-made sexy underwear products as its own handmade, sewn-from-scratch expensive lingerie.
The discovery was made by a consumer who laid a formal complaint against Lingerie Dolls’ advertisement for a set of lingerie, which carried an explanation that their delivery time was longer than average because their products are handmade and “sewn from scratch”, and that often alterations and adjustments needed to be done for customers.
The complainant then spotted what appeared to be exactly the same product — only marketed as factory-made and offered much more cheaply on Temu, a rapidly growing online marketplace offering a vast array of discounted goods, primarily for manufacturers in China. It’s also known for long shipping times and occasional quality issues.
The complainant, who had bought the lingerie from Lingerie Dolls before finding the same item for much cheaper on Temu, approached the local outfit with her concerns. Instead of addressing her case respectfully, they were abusive and blocked her.
This prompted her to take the matter to the Advertising Regulatory Board along with Lingerie Dolls’ claim that the item was handmade and therefore worth the asking price. She submitted that the lingerie was actually a cheap product from Temu.
The ARB contacted Lingerie Dolls with the allegation, offering them the opportunity to respond and explain their case. However, they failed to reply.
Despite Lingerie Dolls’ failure to engage with them, the ARB went ahead with the complaint, despite having no jurisdiction over Lingerie Dolls as they are not a member of the ARB and therefore not required to participate in any actions against them. The ARB proceeded with the complaint to come to a finding that would be overall binding on the industry and could be used as a guide by its members in future.
The ARB viewed the advert in terms of the accusation of “misleading claims” as outlined in the Advertising Code of Practice, which states that advertisements “should not contain any statement or visual presentation which, directly or by implication, omission, ambiguity, inaccuracy, exaggerated claim or otherwise, is likely to mislead the consumer.
“The directorate [of the ARB] must therefore determine whether the claims on the advertiser’s website, that the items are handmade and sewn from scratch, are likely to mislead the consumer given the complainant’s assertion that these items are purchased from Temu and sold at a markup,” the ARB said.
ARB staffers investigating the complaint were blocked on Instagram when approaching Lingerie Dolls with queries and were therefore unable to obtain any explanation or insight into the offer. This left them having to make a decision purely on the evidence provided by the complainant and on what it could uncover through its own investigation.
It seems clear that the items for sale on Temu are identical to the items purchased from the advertiser, down to the lace detail and fabric used. In addition, a small piece of label emerges from the lining of the purchased item with XL handwritten on ‘a label seemingly cut off to obscure the true origins of the item’
— ARB
“The complainant states that the advertiser’s handmade items are in fact acquired from Temu, with their labels cut off, and sold at a considerable markup. She provided photos of her purchased item, and it certainly appears that the items are factory-made, rather than hand-sewn,” the ARB stated.
The complainant also provided images of the same lingerie for sale on Temu.
“It seems clear that the items for sale on Temu are identical to the items purchased from the advertiser, down to the lace detail and fabric used. In addition, a small piece of label emerges from the lining of the purchased item with XL handwritten on ‘a label seemingly cut off to obscure the true origins of the item’.”
The directorate conducted a number of reverse image searches on items from the Lingerie Dolls website, and though it did not assess all of them, it concluded that a majority of the products it was offering could be found at various discounts on websites of various discount international retailers.
The consumer provided the communications she had with Lingerie Dolls in her complaint.
“One of the communications states that the advertiser uses the images from other retailers but then copies them and creates handmade versions. The directorate believes this is highly unlikely, having seen both the advertised item and the final product that the complainant received,” said the ARB.
It noted that while importing cheap products and selling them locally at a markup was not wrongful, the ARB was concerned about the claims made by the retailer that the products were handmade — easy to prove if it is the case.
“Given that the identical items are available on online retailers sites, and that the advertiser has avoided any engagement on the matter, the directorate has no alternative but to conclude that the items are not handmade or hand-sewn, and therefore their claims are ‘misleading and in fact intentionally dishonest’ as prohibited by the Advertising Code.”
The ARB has instructed industry members not to accept any advertising from Lingerie Dolls purporting that their items are handmade or sewn from scratch.
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