Latest decisions: Minions, freebies and more
September 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 22/207 Business NZ, Digital Marketing, Settled in Part, Not Upheld in Part Complaint 22/233 Specsavers, Facebook, Settled Complaint 22/240 Behemoth Brewing Company, Facebook and Instagram, Settled Complaint 22/266 David Jones Motors, NZ Herald, Settled Complaint 22/268 Simone Anderson and Neutrogena, Instagram, 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 22/198 Universal Pictures, Black Phone, Television, Upheld Complaint 22/239 Te Whatu Ora/Health New Zealand, Television, Upheld Complaint 22/248 Te Whatu Ora/Health New Zealand, Out of Home Digital, Upheld Complaint 22/264 Life Energy Designs Ltd, Website Digital, Upheld |
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns. |
| Complaint 22/169 Hyundai, Television, Not Upheld Complaint 22/217 Universal Pictures, Black Phone, Poster, Not Upheld Complaint 22/258 Elegant Furniture, Facebook, Not Upheld Complaint 22/222 Rongotai College Old Boys Association, Facebook, 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 22/186 BusinessNZ, website, No Grounds to Proceed Complaint 22/218 Hyundai Motors NZ, Television, No Grounds to Proceed Complaint 22/219 Jennian Homes, Radio, No Grounds to Proceed Complaint 22/227 Partners Life, Television, No Grounds to Proceed Complaint 22/228 Milked Film, Out of Home, No Grounds to Proceed Complaint 22/230 Te Whatu Ora, Health New Zealand, Billboard, No Grounds to Proceed Complaint 22/232 Dominos Pizza, Unaddressed Mail, No Grounds to Proceed Complaint 22/234 Sports Marine, Website, No Grounds to Proceed Complaint 22/235 Frank Energy, Television, No Grounds to Proceed Complaint 22/238 Merck Sharp and Dohme, Television, No Grounds to Proceed Complaint 22/243 McDonalds, Television, No Grounds to Proceed Complaint 22/245 Westland Milk Products, Digital Marketing, No Grounds to Proceed Complaint 22/250 Share my Super, Television, No Grounds to Proceed Complaint 22/251 Green Cross Health, Instore, No Grounds to Proceed Complaint 22/254 Department of Prime Minister and Cabinet, Unite against Covid, Website, No Grounds to Proceed Complaint 22/255 Samsung New Zealand, Instagram, No Grounds to Proceed Complaint 22/259 Vodafone NZ, Television, No Grounds to Proceed Complaint 22/263 Pet Refuge, Radio, No Grounds to Proceed Complaint 22/270 NZ National Party, YouTube, No Grounds to Proceed Complaint 22/273 AMI Insurance, Poster, No Grounds to Proceed Complaint 22/276 Archer Group, Print, No Grounds to Proceed Complaint 22/279 Mondelez NZL, Television, No Grounds to Proceed |
| Appeal Complaint 22/107 Appeal 22/010 Voices for Freedom, Billboard, Appeal Declined Complaint Upheld |
Decision Summaries
Each month we summarise two decisions from the above list
Brewery removes Minions posts after complaint
Complaint 22/240 Behemoth Brewing Company, Facebook and Instagram, Settled
Behemoth Brewing Company has removed social media posts with characters similar to the Minions following a complaint to the ASA.
The Facebook and Instagram ads were promoting Churly Beer and had an image that looked like the characters in the movie Minions: The Rise of Gru.
The Chair of the ASA Complaints Board noted the complainant was concerned the advertisement was using Minions characters which could have appeal to minors. The Complainant was also concerned the website for the product was not age-gated.
As part of the self-regulatory process, advertisers and media have the option of amending or removing their advertising to comply with the Advertising Codes. Upon receiving the complaint, the advertiser removed both advertisements and confirmed the age-gate on the website had been fixed.
The ASA has recently developed a quick guide for advertisers and media when promoting alcohol. It covers the top things to be aware of when advertising in this space.
Specsavers removes misleading ad
Complaint 22/233 Specsavers, Facebook, Settled
Specsavers has voluntarily removed one of its Facebook ads following a complaint that one of its ads was misleading.
The Specsavers sponsored Facebook post was promoting a free advanced OCT 3D Scan. However, the complainant was concerned the ad was promoting the free eye test when there was a cost involved.
As part of the self-regulatory process, advertisers and media have the option of amending or removing their advertising to comply with the Advertising Codes. Upon receipt of the complaint, Specsavers removed the Facebook post, and also intends amending future advertising to make it clearer.
