New Decisions: Homeopathic advertising, therapeutic claims and more
The following decisions have been released:
- Complaint 20/071 Booster, Television, No Grounds to Proceed
- Complaint 20/072 Radio NZ, Digital Marketing, No Grounds to Proceed
- Complaint 19/436 Acupuncture Studio, Digital Marketing, Upheld in Part, Settled in Part, Not Upheld in Part
- Complaint 20/037 New Zealand Labour Party, Facebook, Not Upheld
- Complaint 20/038 New Zealand Labour Party, Facebook, Not Upheld
- Complaint 20/041 NZ National Party, Facebook, Not Upheld
- Complaint 20/042 NZ National Party, Twitter, Not Upheld
- Complaint 20/069 Reckitt Benckiser, Finish Dishwashing Tablets, Television, No Grounds to Proceed
- Complaint 19/388 Brand Developers, Power Legs, Television, Upheld
- Complaint 19/425 Appeal 19/017 Imperial Tobacco, My Blu, Radio, Appeal Dismissed, Complaint Upheld
- Complaint 19/465 Appeal 20/002 NZ National Party, Digital Marketing, Appeal Dismissed, Complaint Not Upheld
- Complaint 19/472 Dr Vitalis, Digital Marketing, Not Upheld
- Complaint 20/056 Nitro, Facebook, Upheld in part
- Complaint 20/068 Contact Energy, Television, No Grounds to Proceed
- Complaint 20/084 Freedom Farms, Digital Marketing, Settled
- Complaint 20/093 Ministry of Health, COVID 19, Television, No Grounds to Proceed
- Complaint 20/113 The Healing Haven, Digital Marketing, Settled
- Complaint 20/114 BePure, Digital Marketing, Settled
- Complaint 20/118 Goodman Fielder, Meadow Fresh, Television, No Grounds to Proceed
Therapeutic claims must be substantiated
The Brand Developers television advertisement for Power fit–Power Legs shows images of varicose veins and other leg problems including restless legs and poor circulation. It suggests the Power Legs product can “make these frustrating embarrassing persistent problems disappear.”
Two complainants were concerned the advertisement was misleading as it claimed the product could make varicose veins and other leg problems disappear.
The advertiser responded and confirmed approval by the Commercial Approvals Bureau (CAB). The CAB responded they did not consider the Advertiser was making implied therapeutic claims.
The Complaints Board upheld the complaint. While the advertiser provided a revised advertisement during the complaints process that removed some therapeutic claims, the amended version continued to contain implied claims the device would treat various leg conditions, including varicose veins. The Complaints Board said the proposed amendments to the advertisement were not sufficient to prevent the advertisement from suggesting an implied therapeutic benefit and agreed that in the absence of adequate substantiation, the advertisement was likely to be misleading to some consumers.
Homeopathic advertisement containing COVID-19 claims settled
The website advertisement for The Healing Haven, titled “The Season of Coronavirus: Homeopathic Support For Healthy Functioning” contained health and therapeutic claims in relation to homeopathic products which helped protect against COVID 19 and referenced the 1918 Flu Epidemic.
The complainant was concerned the consumer takeout from the advertisement was that the homeopathic products may help protect them against COVID-19. They said the advertisement was misleading and socially irresponsible.
The advertiser agreed to remove the claims subject to complaint. The Chair said the advertiser’s co-operative engagement and self-regulatory action in amending the advertisement and their commitment to take more care in the future, meant the complaint was settled.
