New Decisions: Burgers, Cars and More

The following decisions have been published:

• Complaint 19/025 Earthwaves, Print, Upheld
• Complaint 19/037 2 Cheap Cars, Digital Marketing, Upheld
• Complaint 19/048 NZ Compare, Digital Marketing, Not Upheld
• Complaint 19/065, Spark and Apple, Television, Not Upheld
• Complaint 19/066 Velvet Burger, Out of Home, Settled
• Complaint 19/071 National Party, Digital Marketing, Not Upheld
• Complaint 19/089 Noel Leeming, Digital Marketing, Not Upheld
• Complaint 19/094 Ketonic Vodka, Digital Marketing, Settled in part, Upheld in Part, Not Upheld
• Complaint 19/097 SsangyongNZ, Digital Marketing, Settled
• Complaint 19/104 National Party, Digital Marketing, Not Upheld
• Complaint 19/110 ANZ, Television, Not Upheld
• Complaint 19/111 Partners Life, Television, Not Upheld
• Complaint 19/118 Skinny, Addressed Mail, Not Upheld
• Complaint 19/122 Coca Cola, Powerade, Television,  Upheld in part
• Complaint 19/127 Tea House, Flyer, Settled
• Complaint 19/129 Nature in Balance, Digital Marketing, Settled
• Complaint 19/134 Spark and Outline, Television, Not Upheld
• Complaint 19/139 Barbara Ward Homeopathy, Digital Marketing, Settled
• Complaint 19/141 Brutal Hails Promotions, Digital Marketing, Settled
• Complaint 19/144 Goodman Fielder, Meadow Fresh, Television, No Grounds to Proceed
• Complaint 19/146 Kimberley Clark, Television, No Grounds to Proceed
• Complaint 19/147 The Community Schools Alliance, Digital Marketing, No Grounds to Proceed
• Complaint 19/148 Wellington BBQ and Fires, Radio, Not Upheld
• Complaint 19/150 Restaurant Brands, KFC, Television, No Grounds to Proceed
• Complaint 19/151 Universal Pictures, Television, No Grounds to Proceed
• Complaint 19/152 Paramount Pictures, Television, No Grounds to Proceed
• Complaint 19/153 Brand Developers, Thin Lizzy, Television,  Not Upheld
• Complaint 19/156 Youi, Television, No Grounds to Proceed
• Complaint 19/157 Family First, Billboard, No Grounds to Proceed
• Complaint 19/158 NZTA, Television, Not Upheld
• Complaint 19/159 Goodman Fielder, Meadow Fresh, Television, No Grounds to Proceed
• Complaint 19/160 Health Pride, Print, Not Upheld
• Complaint 19/162 NZ Transport Agency, Television, No Grounds to Proceed
• Complaint 19/163 Cheers Club, Digital Marketing, Settled
• Complaint 19/164 Hazard Co, Out of Home, No Grounds to Proceed
• Complaint 19/166 Hope Project, Television, No Grounds to Proceed
• Complaint 19/173 Xero NZ, Television, No Grounds to Proceed
• Complaint 19/176 Goodman Fielder, Billboard, No Grounds to Proceed

Burger names not under ASA jurisdiction

The instore menu for Velvet Burger restaurant included the following two items: Velvet Lady “Everyone wants her but she keeps it classy just like your mum back in the day – grilled chicken breast, salad, bacon, avocado and cheese with relish and aioli” and; Luxe Bird “She’s the type of bird you want to show off to your friends – classy and hot! Filled with all good things – Southern fried chicken, fire roasted red pepper, harissa, wild rocket, red onion, chili mayo and aioli”.

The complainant said that parts of the menu were sexist and the burgers were likened to females in a derogatory manner.

The Chair noted the ASA does not have jurisdiction to consider the names of products, in this case, the names of the burgers.  Given the Advertiser’s co-operative engagement with the process and the self-regulatory action taken in amending the advertisement, the Chair said that it would serve no further purpose to place the matter before the Complaints Board. Accordingly, the Chair ruled the complaint was Settled.

Car advertisement contained racial slur

The website advertisement for 2 Cheap Cars was headed “Massive Jap import Sale”. This was followed by the text “2 Cheap Cars is having a Massive Summer sale! Get free jandals!” To the left of this text was a photo of a man holding a jandal.

The Complainant was concerned the term “Jap” is considered by many to be an offensive term and it is an example of casual racism. No response was provided by the Advertiser.

A majority of the Complaints Board said the use of the word “Jap” in this phrase was likely to cause serious offence. This is because the term “Jap”, which was introduced into the New Zealand vernacular after World War Two, is a derogatory term for “Japanese”.  A minority of the Complaints Board said the term “Jap import” is commonly used in the second-hand car industry and while it isn’t ideal, no offence is intended by its use. The Complaints Board ruled the complaint was Upheld.