New Decisions: Advertisement Disclaimers, Vehicle Size and More
The following decisions have been published on the ASA website:
- Complaint 17/019 Pharmacy Direct, Website, Settled
- Complaint 17/031 Ateco Group (Dodge Journey), Television, Not Upheld
- Complaint 17/032 Appeal 17/003 Freeview NZ, Television, Declined
- Complaint 17/042 Ignite Light Show, Website, Not Upheld
- Complaint 17/048 Vodafone NZ Ltd, Website, Settled
- Complaint 17/054 Specsavers NZ, Television, Not Upheld
- Complaint 17/061 NZME (Newstalk ZB), Out of Home, No Grounds
- Complaint 17/064 Briscoes Group (Rebel Sport), Television, No Grounds
Specsavers Ad Disclaimers Clear
A Specsavers television advertisement showed a man appearing to hit a seagull instead of a ball in a beach volley ball game followed by the words: “Should have gone to Specsavers.” The penultimate frame of the advertisement said: “AA members benefit. Free eye exam normally $60.” Along the bottom of the screen was the disclaimer: “Free eye exam applies to standard eye examinations only. One available per AA member every two years. See specsavers.co.nz for details.” The voice-over promoting a two-for-one designer glasses deal adds “and we’ll give you a free eye exam.”
The Complainant was concerned that the advertisement said that an eye examination was free for AA members but did not say that conditions applied. The Complainant believed they should have been told they had had an eye examination only a year ago and it was only free every two years.
The Advertiser said the advertisement promoted a deal where AA members can access no-cost eye examinations, the conditions for which were clearly stipulated within the ad’s graphic disclaimers.
The Complaints Board said the advertisement’s disclaimer clearly stated the conditions of the deal. They agreed the advertisement was not likely to mislead or deceive consumers and had been prepared with a due sense of social responsibility as required by the Code of Ethics. Accordingly, the Complaints Board ruled the complaint was Not Upheld.
Dodge Vehicle Advertisement Not Misleading
A television advertisement for the Dodge Journey SXT 3.6 automatic showed two people unloading a kayak from the back of the vehicle.
The Complainant was concerned that a double kayak was unloaded from the vehicle but the Dodge website said the vehicle was 4.9 metres long and the smallest double kayak the Complainant could find was 4.5 metres so would not fit behind the front seats. The Complainant said the advertisement was misleading.
The Advertiser said the kayak featured in advertisement was a single seater with one paddle. Further, the Dodge Journey front passenger seat tilted forward completely flat allowing storage for the full length of the cabin.
The Complaints Board said that the kayak may have looked large as it was removed from the back of the vehicle and observed that the Complainant had assumed it was a double kayak. It accepted the response from the Advertiser confirming it was a single kayak with one paddle and that the front seat in the vehicle tilted forward to accommodate it for transportation. The Complaints Board agreed the advertisement was not misleading and had been prepared with the due sense of social responsibility required by the Code of Ethics. Accordingly, the Complaints Board ruled the complaint was Not Upheld.
