Latest decisions: Road safety, financial claims and more

July 2022

The following are the latest decisions from the ASA.

Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint.

Complaint 22/129 Vodafone, Out of Home, Settled
Complaint 22/134 Instant Finance, Facebook, Settled
Complaint 22/155 Kathmandu, Television, Settled
Complaint 22/163 Honey Vet, Website, Settled
Complaint 22/173 McLeods Brewery, Billboard, Settled
Complaint 22/174 Nutrient Rescue, Facebook, Settled

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.

Complaint 22/144 Stuff, Website, Print, Upheld

Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns.

Complaint 22/128 Hobsons Pledge, YouTube, Not Upheld
Complaint 22/156 Ministry of Health, Television, Not Upheld
Complaint 22/165 Smiths City, Digital Marketing, 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 22/152 The Royal College of General Practitioners, Facebook, No Grounds to Proceed
Complaint 22/167 SmartGrass NZ Ltd, Radio, No Grounds to Proceed
Complaint 22/170 NSL Project, Unaddressed Mail, No Grounds to Proceed
Complaint 22/171 Bendon, OnDemand, No Grounds to Proceed
Complaint 22/172 Labour Party, Unaddressed Mail No Grounds to Proceed
Complaint 22/175 Fagan Motors, Radio, No Grounds to Proceed
Complaint 22/176 JH Whittaker and Son, YouTube, Television, No Grounds to Proceed
Complaint 22/177 Light in the Box, Digital Marketing, No Grounds to Proceed
Complaint 22/182 ACC, Have a hmm, Facebook, No Grounds to Proceed
Complaint 22/187 Kai Point Coal, Radio, No Grounds to Proceed
Complaint 22/188 Madman Entertainment, Nude Tuesday, OnDemand and Television, No Grounds to Proceed
Complaint 22/191 Specsavers NZ, Television, No Grounds to Proceed

Appeal: Complaints Board decisions that have been appealed.

Complaint 22/154 Appeal 22/011 Nissan New Zealand, Facebook, Appeal Declined

Decision Summaries
Each month we summarise two decisions from the above list


Vodafone removes ad after complaint
Complaint 22/129 Vodafone, Out of Home, Settled

Vodafone has removed one of its out of home advertisements following concerns it was promoting unsafe driving practices.

The advertisement displayed on the side of a bus shelter showed a man looking at his phone from behind a steering wheel of a vehicle. The complainant was concerned the ad showed an unsafe practice of a man in a vehicle checking his phone.

As part of ASA’s self-regulatory process, advertisers have the option of amending or removing their advertising to comply with the Advertising Codes. After receiving the complaint, Vodafone advised they had removed the ad and would not use it again in its current form.

The Complaint was ruled as Settled.


Finance ad amended to include fine print
Complaint 22/134 Instant Finance, Facebook, Settled

A Facebook ad for Instant Finance has been updated following a complaint it did not include fine print and was targeting vulnerable people.

Instant Finance said the Facebook ad was meant to have a disclaimer ‘lending criteria, terms and conditions apply’, however acknowledged this had not been visible to the consumer in the original ad. Instant Finance amended the ad to include the disclaimer.

The Complaints Board said the advertisement did not target vulnerable people and the advertiser was allowed to advertise this short-term finance product.

The complaint was ruled as Settled.