New Decisions: Ride-share app, alcohol advertising and more

The following decisions have been published:

• Complaint 19/229 Appeal 19/015 Arnotts, Tiny Teddy, Out of Home, Appeal allowed, Complaint Not Upheld
• Complaint 19/285 Naked Flame, Digital Marketing, Settled in part, Not Upheld in part
• Complaint 19/289 Suzuki NZ, Digital Marketing, No Grounds to Proceed
• Complaint 19/307 Ola, Television, Settled
• Complaint 19/379 Appeal 19/014 Save Chamberlain Park, Print, Appeal allowed, Complaint Upheld in part
• Complaint 19/380 Kahuku Natural Products, Facebook, Upheld in part, Settled in part, Not Upheld in part
• Complaint 19/407 Radius Care, Digital Marketing, Upheld in part
• Complaint 19/411 IC Mark, Digital Marketing, No Grounds to Proceed
• Complaint 19/425 Imperial Brands, My Blu, Radio, Upheld
• Complaint 19/426 Foodstuffs New World, Unaddressed Mail, No Grounds to Proceed
• Complaint 19/427 Appeal 19/016 NZME, Print, Appeal declined
• Complaint 19/432 Foodstuffs, Pak N Save, Billboard, Upheld
• Complaint 19/434 Kiwibank, Television, No Grounds to Proceed
• Complaint 19/442 Noel Leeming, Digital Marketing, Not Upheld
• Complaint 19/449 Liquorland, Brochure, Upheld
• Complaint 19/454 V Energy Drink, Television, No Grounds to Proceed
• Complaint 19/450 Pak N Save, Television, No Grounds to Proceed
• Complaint 19/453 Lotto NZ, Television, No Grounds to Proceed
• Complaint 19/456 Brand Developers, Television, No Grounds to Proceed
• Complaint 19/457 Brand Developers, Cubii, Television, No Grounds to Proceed
• Complaint 19/458 Hirepool, Television, No Grounds to Proceed
• Complaint 19/459 Visa NZ, Television, No Grounds to Proceed
• Complaint 19/460 Chinese Consulate General, Print, No Grounds to Proceed
• Complaint 19/461 Asahi Beverages, Carlsberg, Digital Marketing, Settled
• Complaint 19/462 GlaxoSmithKline, Television, No Grounds to Proceed
• Complaint 19/464 Briscoes Group, Television, No Grounds to Proceed
• Complaint 19/467 Neat Feet, Television, No Grounds to Proceed
• Complaint 19/468 The National March for life, Radio, No Grounds to Proceed
• Complaint 19/471 Unilever Australasia, Television, No Grounds to Proceed
• Complaint 19/473 Visa, Television, No Grounds to Proceed
• Complaint 19/475 Sky, Television, No Grounds to Proceed
• Complaint 19/476 Visa, Television, No Grounds to Proceed

Ride-Share App Makes Conditions Clearer

The television advertisement for the OLA ride-share app shows a split-screen direct comparison between OLA and the largest ride-share company.  The advertisement says in part: “Download the OLA app and get 50% off rides for the first two weeks.”   The text disclaimer in the end shot says “Maximum discount valued at $10 per ride.  Excludes tolls/third party charges.  See website for T&C’s”

Three complainants said the advertisement was misleading to claim a 50% discount when this is capped at $10, meaning any ride over $20 will not get 50% off.  The Complainants were also concerned the disclaimer showing the limit of the discount was very small in comparison to the “50% off” text and was only shown on the screen for a short time.

The Advertiser noted the key terms and qualifiers are displayed and an estimate fare is provided before any booking is made.  The Advertiser proposed changes to the final frame of the advertisement with the qualifiers “for first 2 weeks and up to $10” being much more prominent in position and font size. The Advertiser confirmed the average OLA fare is in the $15-$18 range meaning a cap of up $10 would mean a full 50% discount for a high proportion of fares.

The Complaints Board said given the Advertiser’s co-operative engagement with the process and the self-regulatory action taken in amending the advertisement to make the disclaimers more prominent, the complaints were settled. Accordingly, the Complaints Board ruled the complaints were Settled.

Alcohol Ad not Socially Responsible

Liquorland’s direct mail brochure contained a range of alcohol products and pricing.  The front page is headed “Summer close enough to taste”.  The brochure groups together different types of alcohol.  The beer section is headed up “Beer – Everything’s brighter with a beer.”  The advertisement also has a logo in the left-hand corner saying “Love Beer”.

The Complainant said the advertisement is misleading to say beer makes things brighter as alcohol is a depressant.  They said it sent a dangerous message about alcohol consumption and the unrestricted medium means children could be exposed to it.

The Advertiser said the main theme of the promotional mailer was Summer and the beer heading was referring to the sunny bright nature of the Summer season.  The Advertiser said with daylight saving, BBQ’s and socialising, summer is brighter and the beer message was intended in this context.

The Complaints Board upheld the complaint. The Complaints Board said the advertisement implied that drinking beer would lead to a beneficial, better outcome which was in breach of Principle 1 and Guideline 1(b) of the Code for Advertising and Promotion of Alcohol.