New Decisions: “Freshest” claims, therapeutic claims and more

The following decisions have been released to the ASA website:

Complaint 20/281 Marshall’s Health and Natural Therapy, Print, Settled
Complaint 20/318 Unilever Australasia, Lynx, Television, No Grounds to Proceed
Complaint 20/319 Fluoride Free NZ, Television, No Grounds to Proceed
Complaint 20/322 Worksafe New Zealand, Facebook, No Grounds to Proceed
Complaint 20/340 National MP Jacqui Dean, Facebook, Decline to Adjudicate
Complaint 20/292 NZ Wood, Television, No Grounds to Proceed
Complaint 20/317 Foodstuffs, New World, Television, Settled
Complaint 20/323 Supreme Coffee, Instagram, Settled
Complaint 20/147 Tru Niagen NZ, Print, Not Upheld in part, Settled in part
Complaint 20/259 The Griffin’s Food Company, Digital Marketing, No Grounds to Proceed
Complaint 20/265 Pharmabroker,  Buccaline, Website and Radio, Not Upheld
Complaint 20/295 Department of Internal Affairs, Keep it Real Online, Television, Not Upheld
Complaint 20/299 Ministry of Justice, Print, No Grounds to Proceed
Complaint 20/323 Supreme Coffee, Digital Marketing, Settled
Complaint 20/325 New Conservative Party, Out of Home, No Grounds to Proceed
Complaint 20/328 Briscoes, Television, No Grounds to Proceed
Complaint 20/329 ASB, Television, No Grounds to Proceed
Complaint 20/333 ASB, Television, No Grounds to Proceed
Complaint 20/341 Resene, Out of Home, No Grounds to Proceed
Complaint 20/360 New Conservative, Digital Marketing, Decline to Adjudicate
Complaint 20/262 New Zealand Football, Nestle, Facebook, Not Upheld
Complaint 20/327 Nestle, Milo, Digital Marketing, No Grounds to Proceed
Complaint 20/344 Restaurant Brands, KFC, Television, No Grounds to Proceed
Complaint 20/347 Pokeno Village Estate, Radio, No Grounds to Proceed
Complaint 20/354 Tony’s Tyre Service, Website, No Grounds to Proceed

Supreme Coffee ad “freshest” claims settled

The Supreme Coffee Instagram advertisement promoted the launch of their coffee in several New World stores. The advertisement showed three different bags of Supreme coffee and said “We’re glad to be bringing the freshest coffee to the supermarket aisles.”

The Complainant was concerned the advertisement was misleading consumers by claiming Supreme Coffee was fresher than competitors.

The Chair accepted the complaint and requested a response from the Advertiser.  The Advertiser took self-regulatory action and removed the advertisement. The Chair ruled the complaint was Settled.

Complaint regarding Buccaline cold claims Not Upheld

The Buccaline website and radio advertisements referred to the product as “the only natural active oral vaccine that gives you 3 months protection against the bacterial complications of colds such as sore throats, runny noses, coughs and sneezes…”

The Complainant was concerned the advertisements were misleading and dangerous because they described the symptoms of an upper respiratory tract infection caused by a virus as if they were the symptoms of a bacterial complication and this promoted the belief these symptoms could be treated by antibiotics.

The Complaints Board agreed the likely consumer takeout of the advertisement was Buccaline is an oral vaccine that can help prevent symptoms such as sneezes, runny noses, sore throats and coughs, gives up to three months protection and doesn’t protect against the flu. The Board said the Advertiser had supplied sufficient substantiation to support their claims and noted Buccaline is a pharmacist-only medicine which means consumers can only purchase it from a Pharmacist. The Complaints Board ruled the complaint was Not Upheld.