The following decisions have been published on the ASA website:
- 17/102 Appeal 17/007 Uber NZ, Out of Home: Upheld
- 17/118 Goodman Fielder NZ Limited, Out of Home: No Grounds
- 17/147 Marcia Montgomery, Digital Marketing: Settled
- 17/173 Yum! Restaurants International, Television:Not Upheld
- 17/194 Jeanette Wilson NZ Spiritual Medium, Digital Marketing: Settled
- 17/195 Firstin, Digital Marketing: Settled
- 17/197 Jimbo’s, Radio: Settled
- 17/198 Brand Developers Ltd, Television: No Grounds
- 17/201 SKY Television, Television: No Grounds
- 17/202 Harvey Norman NZ, Digital Marketing: No Grounds
- 17/203 Hobson’s Pledge Trust, Unaddressed Mail: No Grounds
- 17/206 New Zealand Fire Service, Radio: No Grounds
- 17/208 Kelloggs NZ, Television: No Grounds
- 17/209 L’Oreal AUS and NZ, Television: No Grounds
- 17/211 New Zealand Racing Board, Television: No Grounds
- 17/216 The Mermaids Club, Television: No Grounds
- 17/218 Tradie Workwear, Television: No Grounds
- 17/220 Spark NZ Ltd, Television: No Grounds
Uber’s Appeal Dismissed
Uber NZ appealed the Complaints Board Decision that Upheld a complaint relating to the claim in their advertisement: “Background checks on every driver. We get Becky’s life story before you do.”
The Advertiser claimed the Complaints Board may not have been aware of the full context in which the billboard advertisement was displayed.
The majority of the Appeal Board agreed with the Complaints Board that the advertisement’s factual claim coupled with the hyperbolic statement implied a comprehensive background check which over-represented the depth of the checks and was likely to mislead consumers. In accordance with the majority, the Appeal Board ruled the complaint was Upheld and Dismissed the appeal.
Onscreen Disclaimer Clear
A KFC television promotion appeared in a Warriors vs Broncos NRL game. During a ‘bunker’ review of play, the screen was split between coverage of the players on the field and the decision pending screen. The decision pending screen showed an advertisement for a KFC $10 Popcorn Chicken Bucket. At the bottom right of the screen it said “Australia only and not in all stores”.
The Complainant said the advertisement was misleading because the offer was not available in New Zealand, despite being aired in this country.
The Advertiser said the Advertisement was targeted at an Australian audience because the vast majority of NRL games are played in Australia and of the 16 teams in the NRL competition there is only one New Zealand team. The subscription television broadcast cannot be geo-blocked to exclude New Zealand viewers or exclude content not applicable to New Zealand viewers. The onscreen disclaimer “Australia only and not in all stores” was displayed on the bottom right hand corner of the Advertisement.
The Complaints Board agreed the disclaimer on the advertisement stating that the promotion was only available in Australia was clear and on-screen for the duration of the offer. Therefore, the advertisement was not in breach of the Code of Ethics. The Complaints Board ruled the complaint was Not Upheld.