The Advertising Standards Complaints Appeal Board has allowed the advertiser’s appeal of Complaint 19/296 for the Streets ice cream outdoor advertisement and the complaint is not upheld.
In September, in a split decision, a majority of the Complaints Board ruled the outdoor advertisement for Streets ice cream breached the code requirement that advertising not undermine the health and well-being of individuals.
In its appeal application, the advertiser argued the phrase “Ice cream makes u happy” was hyperbolic and did not meet the threshold to undermine health and well-being. The complainant responded, challenging that view and referencing studies regarding the impact on advertising on consumer behaviour.
The Appeal Board confirmed the advertisement which it agreed showed individual serving sizes of a treat food and used obvious puffery, did not undermine an individual’s health and well-being. It ruled the advertisement was not in breach of the Advertising Standards Code.
Both the Complaints and Appeal Boards have a public member majority.
ASA Chief Executive Hilary Souter said the Appeal Board decision will help advertisers, consumers and the Boards with Code interpretation. “Each decision helps inform the interpretation of the principles and rules in the advertising codes.”
“A higher level of interest in the community about healthy eating means consumers are more conscious of the content and placement of treat food advertising. As a result, it is also a priority area in the training we do with industry.”
Download a PDF of this media release here – ASA Media Release 16 December 2019 .
The full decision can be viewed here.