Formal Complaint Against SPAR Retail for False Advertising and Infringement of Consumer Rights

am writing to formally lodge a complaint against SPAR Retail South Africa (including Tops at SPAR), for engaging in false advertising, misleading marketing practices, and an abuse of consumer trust and rights, in violation of the Consumer Protection Act 68 of 2008 and related regulatory frameworks.

SPAR widely advertised—across all platforms including television, radio, online channels, printed catalogues, and in-store signage—a promotion offering Bernini 500ml ciders (all variants) at R200 for 2 x 6-packs. The adverti*****t clearly stated, without any ambiguity or limitation, that all variants were included in the promotion.

However, upon attempting to redeem this advertised promotion at a SPAR Tops outlet, I was informed at the till that the Mimosa variant was “excluded”—despite the adverti*****t stating otherwise. I was shocked to learn from Karabo Mogoru, a manager at the the R55 Tops store, that this instruction to exclude mimosa was a direct mandate from SPAR’s head office, who had allegedly acknowledged the misrepresentation but refused to correct or honor it, instead choosing to pass the burden onto store-level staff to deny consumers the advertised price.

Karabo further stated that SPAR management was well aware that they were advertising falsely, and were instructed to refuse customers the advertised promotion for the Mimosa variant—even if challenged. This behavior not only constitutes a deceptive marketing practice, but also places staff in an ethically and legally compromised position, forced to deny consumers their lawful rights under direct corporate instruction.

As a result of this ********* conduct, I was coerced into paying R269.98 instead of the clearly advertised R200—a 69.98 Rand overcharge, representing a material breach of advertised terms.

This is not merely a pricing dispute—it is a systemic and deliberate exploitation of consumers, where a national retail chain knowingly disseminates false advertising, and then uses its corporate structure to evade accountability, mislead consumers, and instructs store-level staff to violate consumer rights enshrined in law.

I expect the following to happen:

A full investigation into SPAR Retail’s advertising and promotional practices regarding this incident.

A written apology from SPAR acknowledging the false advertising and their abuse of power.

A full refund.

Sanctions or penalties appropriate to the contravention of the Consumer Protection Act and related regulations.

Assurance that SPAR will be held accountable for instructing staff to act in bad faith toward customers.

Failure to act decisively in this matter may encourage further corporate misconduct and a continued erosion of consumer trust in the South African retail sector. I request this matter be escalated and formally recorded for further review and disciplinary action against SPAR.