The following decisions have been published:
Complaint 18/216 Appeal 18/013 The Trusts, Brochure and Digital Marketing: Appeal Allowed, Complaint Settled
Complaint 18/239 Ferrero, Kinder Chocolate, Television: Not Upheld
Complaint 18/251 Be Pure, Digital Marketing: Upheld in part / Settled in part / Not Upheld in part
Complaint 18/296 Smiths City, Digital Marketing: Upheld in part / Not Upheld in part
Complaint 18/328 AWAP 18/004 GJ Gardner, Television and Digital Marketing: Settled
Complaint 18/329 Washbar, Digital Marketing: Settled
Complaint 18/334 Sony Pictures, Television: Not Upheld
Complaint 18/336 The Warehouse, Television: Upheld
Complaint 18/337 Stainless Steel Products, Out of Home: Settled – Advertisement removed
Complaint 18/358 Kiwi Fresh, Digital Marketing: Settled – Advertisement changed
Complaint 18/348 Universal Kingdom of God, Print: Not Upheld
Complaint 18/362 Harcourts Real Estate, Unaddressed Mail: Settled – Advertisement removed
Complaint 18/373 Just Water, Radio: Settled – Advertisement changed
Complaint 18/377 KFC, Digital Marketing: Settled
Complaint 18/379 Bayleys Real Estate, Television: No Grounds to proceed
Complaint 18/385 Subway, Digital Marketing: No Grounds to Proceed
Complaint 18/386 Wilson Consumer Products, Out of Home: Settled in part / No Jurisdiction in part
Complaint 18/393 Brand Developers, Television: No Grounds to Proceed
Complaint 18/394 Moola, Radio: No Grounds to Proceed
Safety Important in Vehicle Accessory Ads
The Warehouse television advertisement for the Mighty Grip phone mount said in part: “The Mighty Grip phone mount has a powerful magnetic grip and a twist lock suction base. You can have your phone right where you need it without taking your eyes off the road. Apply the magnetic plate straight onto your phone or place inside your case and you’re ready to go….” The advertisement shows the device mounted on the car dashboard and attached to the windscreen near the centre of the windscreen.
The Complainant was concerned that the use of a centrally mounted windscreen phone holder is unsafe and contrary to police advice.
The Advertiser said it was not aware of this safety advice regarding central windscreen positions for phone mounts nor was it able to find this advice from its own online search. The Advertiser noted it had not received information from the NZ Police advising of this safety advice or the requirement for it to adhere to this in any communications.
The majority of the Complaints Board said the advertisement depicted a visual presentation of a dangerous practice which encouraged a disregard for safety. The minority of the Complaints Board said it was difficult to ascertain from the fleeting image exactly where on the windscreen the phone was mounted but considered it was sufficiently off centre as to not cause obstruction to the driver’s vision. However, in accordance with the majority, the Complaints Board ruled the complaint was Upheld.
Sale Discounts Must Not Be Misleading
Smith City distributed mailers and ran promotions on their website for their ‘Sale of the Century’ over four weeks. The promotion had different products on sale for each of the four weeks and included a Bosch dishwasher, a Samsung washer/drier and a Fisher & Paykel Fridge Freezer.
The Complainant had concerns about the availability of the Bosch dishwasher and Samsung washer/drier given the on-line advertisements did not indicate any stock level limits. The Complainant also questioned the claim made by the Advertiser that the Fisher & Paykel Fridge Freezer sale price offered a $701 saving.
The Advertiser said it had acquired enough Bosch dishwasher and Samsung washer/drier units to meet expected demand based on previous experience and sales history. The Advertiser said the promotion had exceeded these expectations for some products and on-line advertisements were updated to reflect this. The Advertiser agreed to include the statement that stock was “not unlimited” for future on-line advertisements. The Advertiser said the price following the end of the sale for the Fisher & Paykel fridge/freezer was not tied to the price at sale and is determined by a range of factors.
The Complaints Board said the issue of pricing and availability in the advertisements for the Bosch dishwasher and Samsung washer/ drier were not likely to mislead consumers and acknowledged future on-line sale advertisements would state stock was not unlimited. The Board ruled to Not Uphold these parts of the complaint.
The Complaints Board said the Advertiser had not provided substantiation to support the $701 saving claim made in the Fisher & Paykel fridge/freezer advertisement. The Complaints Board ruled to Uphold this part of the complaint. Accordingly, the Complaints Board ruled the complaint was Upheld in Part, Not Upheld in Part.