Exclusive

This advice covers use of the word “exclusive” where it can be taken to mean that a provider is offering a service or product that is unavailable elsewhere.

Use of the phrase ‘exclusive to X store’ is permissible where the advertiser has proved that he is the only one selling the product for a reasonable period. A reasonable period means six months for retail outlets and three months for record companies/music publishers.

Claims by record companies that a track or compilation is exclusive require confirmation that the claim will be valid in the run up to the campaign, during the campaign and for one week after the campaign has finished.

Caution must also be exercised by retailers who wish to promote ‘Three for the price of two when you buy X, exclusively at Y store’. This is not acceptable where the same promotion is being run by a competitor who stocks the same products.