ASA - Advertising Standards Authority

The following decisions have been published:

Complaint 19/357 Wong Doo Health Centre, Digital Marketing, Settled
Complaint 19/378 Waikato Health Clinic, Digital Marketing, Settled
Complaint 19/440 New Zealand Labour Party, Digital Marketing, No Jurisdiction
Complaint 19/440 Appeal 20/003 New Zealand Labour Party, Digital Marketing, Appeal Declined
Complaint 19/448 Brett Elliot Ultimate Herbal Health, Unaddressed Mail, Settled
Complaint 19/463 First Credit Union, Outdoor, Upheld
Complaint 19/464 Appeal 20/001 Briscoes, Television, Appeal Declined
Complaint 19/465 New Zealand National Party, Digital Marketing, Not Upheld
Complaint 19/469 New Zealand National Party, Digital Marketing, Not Upheld
Complaint 19/474 DVX Adult Entertainment, Out of Home, Settled in part, Not Upheld in part
Complaint 19/477 Healing House, Digital Marketing, Settled
Complaint 19/478 The Colour Therapy Clinic, Website, Settled
Complaint 19/479 New Zealand National Party, Digital Marketing, Not Upheld
Complaint 19/480 New Zealand National Party, Digital Marketing, Not Upheld
Complaint 19/481 Ephraim Health, Website, Settled
Complaint 19/482 Pak N Save, Television, No Grounds to Proceed
Complaint 19/483 New Zealand National Party, Digital Marketing, No Grounds to Proceed
Complaint 19/484 Edgewell, Television, No Grounds to Proceed
Complaint 20/001 The Athletes Foot, Poster, No Grounds to Proceed
Complaint 20/002 Sky Sports, Television, No Grounds to Proceed
Complaint 20/003 Yummy Fruit Company, Print, No Grounds to Proceed
Complaint 20/004 Ministry for Primary Industries, Digital Marketing, No Grounds to Proceed
Complaint 20/005 Visa, Television, No Grounds to Proceed
Complaint 20/007 Brand Developers, Television, Not Upheld
Complaint 20/008 NZTA, Television, No Grounds to Proceed
Complaint 20/009 Coca Cola New Zealand, Television, Not Upheld
Complaint 20/011 Fletcher Building, Television, No Grounds to Proceed
Complaint 20/013 Shen Yun, Television, No Grounds to Proceed
Complaint 20/014 Suzuki NZ, Radio, No Grounds to Proceed
Complaint 20/015 Trivago NZ, Television, No Grounds to Proceed
Complaint 20/018 New Zealand National Party, Twitter, No Grounds to Proceed

Billboard Phrase Likely to be Read as Expletive

The billboard advertisement for First Credit Union (FCU) has a photo of a woman with arms outstretched. The text says “Say FCU to your bank. Personal loans from 9.95%”. The logo “f1rst credit union” is at the bottom right corner of the advertisement.

The Complainant was concerned the advertisement is inappropriate because it is insinuating the phrase “Say fuck you to your bank”.

The Advertiser said FCU is their name and their brand. They believe the billboard advertisements are not offensive.

The Complaints Board noted the Advertiser’s intention to target the advertisement at the 18+ audience but said billboards can be seen by people of any age. The Complaints Board said the phrase “Say FCU to your bank” is likely to be read as “Say fuck you to your bank” and the word “Fuck” is generally regarded as offensive to an unrestricted audience. Accordingly, the Complaints Board ruled the complaint was Upheld and the billboard advertisement is to be removed.

Therapeutic Claims Must Be Substantiated

The Colour Therapy Clinic website made therapeutic claims about the benefits of colour therapy. The website included claims that colour therapy can destroy all bacteria, viruses, parasites, fungi and diseased tissues, or neutralise any disease.

The Complainant said the statements on the website are misleading and socially irresponsible.

The Chair acknowledged the Advertiser made changes to the website after receiving the complaint, and removed references which were of concern. 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. The Chair ruled that the matter was Settled.