Latest Decisions: Advertisers make changes following complaints
June 2022
The following are the latest decisions from the ASA.
Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint. |
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Complaint 22/076 AWAP 22/001 AFT Pharmaceuticals Ltd, Koru Nutrition, Digital Marketing, Settled
Complaint 22/097 Greenhill Beverages, Greenhill Seltzers, Packaging, Settled
Complaint 22/100 Little Bird Organics Limited, Website, Settled
Complaint 22/139 Lusty & Blundell Limited, Website, Settled
Complaint 22/150 Variety – The Children’s Charity Inc., Digital Marketing, Display, Settled
Complaint 22/159 AWN By The Brothers, Instagram, Settled
Complaint 22/160 Pete’s Natural Ltd, Pete’s Natural Drinks, Facebook, Settled
Complaint 22/054 OptiPharm Pty Ltd, OptiSlim, Television, Settled in Part, Not Upheld in Part
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Upheld Complaints: The Complaints Board agreed with the complainant that the advertisement breached the Advertising Codes. The advertiser has been asked to remove or amend it. |
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Complaint 22/142 Woolworths New Zealand Limited, Countdown, Website, Upheld
Complaint 22/114 SIP Abacus New Zealand, Facebook, Instagram, Upheld |
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns. |
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Complaint 22/095 Afterpay, Addressed Mail, Not Upheld
Complaint 22/099 Accuro Health Insurance, Television, Not Upheld Complaint 22/118 Sky Network Television Ltd, Sky Sport Now, Digital Marketing, Not Upheld Complaint 22/125 Meridian Energy Ltd, Television, Not Upheld |
No Grounds to Proceed: The Chair of the Complaints Board reviewed the ad and the complaint, and ruled the issues raised are not a breach of the Advertising Codes. |
| Complaint 22/103 Woolworths New Zealand Limited, Countdown, Digital Marketing, Unaddressed Mail, No Grounds to Proceed Complaint 22/104 Foodstuffs NZ, New World, Digital Marketing, No Grounds to Proceed Complaint 22/131 Calendar Girls, Radio, No Grounds to Proceed Complaint 22/135 Scotty’s Meats, Radio, No Grounds to Proceed Complaint 22/140 Meridian Energy Ltd, Digital Marketing, No Grounds to Proceed Complaint 22/143 Witchery NZ & Ovarian Cancer Research Foundation, Digital Marketing, No Grounds to Proceed Complaint 22/145 Hobson’s Pledge Trust, Print, No Grounds to Proceed Complaint 22/147 Mount Maunganui Roofing, Radio, No Grounds to Proceed Complaint 22/148 Meridian Energy Ltd, Television, No Grounds to Proceed Complaint 22/149 Isuzu Utes New Zealand Ltd, Isuzu, Television, No Grounds to Proceed Complaint 22/151 Waka Kotahi NZ Transport Agency, Road to Zero, Television, No Grounds to Proceed Complaint 22/153 Taxpayers’ Union, Television, No Grounds to Proceed Complaint 22/154 Nissan New Zealand, Digital Marketing, No Grounds to Proceed Complaint 22/158 Z Energy, Digital Marketing, No Grounds to Proceed Complaint 22/157 Ministry of Health, Print, No Grounds to Proceed Complaint 22/161 PepsiCo, Pepsi, Poster, No Grounds to Proceed Complaint 22/162 New Zealand Post Ltd, NZ Post, Television, No Grounds to Proceed Complaint 22/166 Brand Developers Ltd, RowShaper, Television, No Grounds to Proceed |
No Jurisdiction: The complainant’s issue or the content complained about is outside the ASA’s jurisdiction. |
| Complaint 22/093 Whakarongorau Aotearoa, SMS Message, No Jurisdiction |
Appeal: Complaints Board decisions that have been appealed. |
| Complaint 21/568 Appeal 22/008 Stuff Limited, Stuff, Digital Marketing, Appeal Declined Complaint 22/006 Appeal 22/007 Kennards Hire, Television, Appeal Declined |
Decision Summary
Each month we do a summary of a couple of decisions from the above list
Organic detox product ad amended following complaint
Complaint 22/100 Little Bird Organics Limited, Website, Settled
A complaint about Little Bird Organics products has resulted in the company amending its advertising.
The complainant was concerned the company was making unsubstantiated therapeutic claims, including that its products detoxified the body.
As part of the ASA’s self-regulatory process, advertisers can amend or remove an advertisement before it is heard by the Complaints Board. In this instance, Little Bird Organics amended the ad to address the issues that were the subject of the complaint.
Advertiser makes changes following competitor complaint
Complaint 22/076 AWAP 22/001 AFT Pharmaceuticals Ltd, Koru Nutrition, Digital Marketing, Settled
Koru Nutrition has agreed to either amend its advertising or remove it following a complaint from AFT Pharmaceuticals Ltd.
AFT complained Koru Nutrition had breached the Therapeutic and Health Advertising Code because its ads contained testimonials for natural health products that implied a therapeutic benefit and did not include mandatory statements.
As part of the ASA’s self-regulatory process, advertisers can amend or remove an advertisement before it goes to adjudication. Koru Nutrition agreed to either amend or remove the advertisement following the complaint and the complainant and the Chair of the Complaints Board agreed the complaint was settled.
