ASA - Advertising Standards Authority

The following decisions have been released to the ASA website:

Complaint 20/060 Specsavers NZ, Digital Marketing, Not Upheld in part, Settled in part
Complaint 20/086 Appeal 20/010 SPCA, Digital Marketing, Appeal Declined, Complaint Not Upheld
Complaint 19/355 ATONE, Digital Marketing, Settled
Complaint 20/152 Wet and Forget, Television, Not Upheld
Complaint 20/159 Turmerix, Digital Marketing, Settled
Complaint 20/160 BLIS Technologies, Television, Settled
Complaint 20/166 Integrative Acupuncture, Digital Marketing, Settled
Complaint 20/171 DB Breweries, Heineken, Instagram, Settled
Complaint 20/175 Frucor Beverages, V Energy Drink, Television, No Grounds to Proceed
Complaint 20/176 Vodafone, Unaddressed Mail, No Grounds to Proceed
Complaint 20/181 Save the Children, Radio, No Grounds to Proceed
Complaint 20/184 Cheers.org.nz, Digital Marketing, Settled
Complaint 20/185 Reckitt Benckiser, Nurofen, Digital Marketing, No Grounds to Proceed
Complaint 20/186 Hell Pizza, Out of Home, No Grounds to Proceed
Complaint 20/195 Bensemann Boating Centre, Radio, No Grounds to Proceed
Complaint 20/198 Stanley St, Television, No Grounds to Proceed
Complaint 20/010 Fonterra Brand, Fresh and Fruity, Television, Not Upheld
Complaint 20/070 Westpac New Zealand, Radio, Not Upheld
Complaint 20/075 Tegel Foods, Digital Marketing, Not Upheld
Complaint 20/103 Beiersdorf, Nivea, Television, Not Upheld
Complaint 20/180 Zoom Pharmacy, Radio, No Grounds to Proceed
Complaint 20/183 Red Seal, Television, No Grounds to Proceed
Complaint 20/189 Flick Electric, Radio, No Grounds to Proceed
Complaint 20/087 Appeal 20/008 Inghams Enterprises, Waitoa free range Chicken, Digital Marketing, Appeal Declined, Complaint Not Upheld.
Complaint 20/052 NZ National Party, Facebook, Upheld
Complaint 20/074 NZ National Party, Facebook, Upheld

Probiotics TV advert removed following immunity claims

The BLIS Probiotics television advertisement promotes their DailyDefence with BLIS K12 probiotics. The advertisement asks, “are you getting ready to leave your bubble?” and says that K12 populates the mouth with good bacteria and leaves no room for bad bacteria. The advertisement shows children, parents and teens ’preparing’ to leave their bubble. The advertisement ends with an image of the product and website URL.

The complainant said the advertisement contained misleading claims linking the ability of the product to protect the consumer during the easing of Level 4 restrictions.

The Chair noted the complainant’s concern regarding misleading claims and acknowledged the Advertiser’s prompt self-regulatory action in removing the advertisement and their commitment not to use it in the future. Given the Advertiser’s co-operative engagement, the Chair ruled the complaint was settled.

Fresh’n Fruity TV ad did not mislead consumers

The television advertisement for Fresh’n Fruity yoghurt says “Fresh’n Fruity now has 40% less added sugar and it’s just as fresh and fruity as ever”. The text at the end of the advertisement says “Fresh’n Fruity – taste you love”.

The Complainant was concerned the advertisement was misleading because there is less fruit “flavour” in the product now, compared to two years ago.

The Complaints Board said the advertisement was not misleading. The Complaints Board agreed that while the advertisement did claim Fresh’n Fruity yoghurt is “just as fresh and fruity as ever”, this claim concerned the taste of the product. The Board said this claim was substantiated by the Advertiser through sensory testing, conducted involving regular consumers of yoghurt, before launching the new product. The Complaints Board ruled the complaint was Not Upheld.