The following decisions have been published on the ASA website:
- Complaint 16/413 Salud Health Products, Facebook page, Settled
- Complaint 16/432 Read Auckland, Website, Settled
- Complaint 17/001 Appeal 17/004, AA Insurance, Television, Declined
- Complaint 17/002 Brooker Colour Therapy, Website, Settled
- Complaint 17/008 HCG Team, Website, Upheld
- Complaint 17/018 Wellington Homeopathy, Website, Not Upheld and Settled
- Complaint 17/025 Sanoma Garden, Addressed Mail, Settled
- Complaint 17/034 Visit Picton, Brochure & Website, Not Upheld
- Complaint 17/036 Rehabilitate NZ, Digital Marketing, Settled
- Complaint 17/061 Appeal 17/005, NZME, Out of Home, Declined
- Complaint 17/067 Mercedes-Benz NZ, Television, No Grounds
- Complaint 17/068 Hyundai Motors NZ, Television, No Grounds
- Complaint 17/073 Samsung NZ, Television, No Grounds
- Complaint 17/074 Foodstuffs NZ Ltd, Television, No Grounds
- Complaint 17/077 Fonterra Co-operative Group, Television, No Grounds
- Complaint 17/078 Sanitarium Health & Well Being, Television, No Grounds
- Complaint 17/083 Mexicali Fresh, Out of Home, No Grounds
- Complaint 17/085 Green Door Real Estate, Radio, No Grounds
- Complaint 17/089 ARA Institute of Canterbury, TV, No Grounds
- Complaint 17/091 Sabotage Theory, Digital Marketing, No Grounds
Sanoma Garden Withdraws Advertising from NZ
The four page A4 leaflet addressed mail advertisement for AlgiCaps Food Supplement contained a number of health claims, including:
“Whatever health problems you suffer from, AlgiCaps is the natural and unbeatably effective solution!; AlgiCaps regenerates your vital organs!; Put an end to pain, strengthen your vital organs, rejuvenate your body and mind, regenerate ALL your organs for YOUR HEALTH!”
The Complainant said that they often get mail claiming such remedies will rejuvenate their health “but nothing has worked… When you try and learn who Sanoma Garden are you cannot find an address to contact them.”
The Advertiser said the offer in question had not been successful, they will no longer be offering the product in New Zealand and they are winding down all their marketing operations in New Zealand effective immediately.
The Chair of the Complaints Board noted the explanation provided and the self-regulatory action taken by the Advertiser in discontinuing the advertisement. The Chair said that it would serve no further purpose to place the matter before the Complaints Board. The Chair ruled the complaint was Settled.
Picton’s Tourist Guide Not Misleading
The booklet-style visitors’ guide titled “Visit Picton & Waikawa Bay, Marlborough Sounds NZ” contains advertisements for a range of attractions and statements about Picton and the surrounding area.
The Complainant said some of the advertisements and claims in the visitor guide were misleading. Some examples given were that the Edwin Fox is not the world’s oldest merchant ship, as suggested, but “simply the hulk/hull of a wooden sailing vessel” and the Queen Charlotte Track, quoted as “70km” long is in fact 71km. The Complainant also said it is misleading to say Picton is fast becoming “a firm favourite with New Zealanders” and has “some of the best weather in New Zealand” and “New Zealand’s most beautiful water environment”.
The Advertiser responded in detail to each of the points made by the Complainant. The Advertiser said they produce the Visit Picton guide on an annual basis and it has never been their intention to mislead or deceive consumers.
The Complaints Board was unanimous in its view the Visit Picton guide was not likely to mislead or deceive consumers and the claims made by the Advertiser were substantiated. Accordingly, the Complaints Board ruled the complaint was Not Upheld.