"As we enter the year's biggest shopping period, companies need to be reminded that if they make product promises to consumers -- as Sony did with the "game changing" features of its PS Vita -- they must deliver on those pledges," said Jessica Rich, Director of the FTC's Bureau of Consumer Protection. "The FTC will not hesitate to act on behalf of consumers when companies or advertisers make false product claims."
As part of its launch campaign for the PS Vita, Sony claimed that the pocket-sized console would revolutionize gaming mobility by enabling consumers to play their PlayStation 3 games via "remote play," and that they could engage in "cross platform" play by starting a game on a PS3 and then continuing it on the go, right where they left off, on a PS Vita. The FTC alleges that each of these claims was misleading.
In a related action, the Commission charged that Deutsch LA, Sony's advertising agency for the PS Vita launch, knew or should have known that the advertisements it produced contained misleading claims about the console's cross platform and 3G capabilities.
The FTC also alleges that Deutsch LA further misled consumers by urging its employees to create awareness and excitement about the PS Vita on Twitter, without instructing employees to disclose their connection to the advertising agency or its then-client Sony. Under a separate settlement order, Deutsch LA is barred from such conduct in the future.
The PS Vita appeared at the United States market in February 2012 for about $250.