Latest decisions: Influencers, therapeutic claims, and more
November 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 22/226 Radiant Health, Radio, Settled Complaint 22/269 Switchme, Website, Settled Complaint 22/271 Cowley’s Hire Centre, Radio, Settled Complaint 22/274 Keto Happy Co, Instagram, Settled Complaint 22/278 Health 2000, Facebook, Settled Complaint 22/286 SPCA and Greenstone Financial Services, Television, Settled Complaint 22/299 AWWA Period Care, Facebook, Settled Complaint 22/301 Proppy Property, Website, Settled Complaint 22/304 Dimplex, Website, Settled Complaint 22/306 World Vision, Poster, 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 22/265 Te Whatu Ora, Digital Billboard, Upheld Complaint 22/300 Paul Eagle, Unaddressed Mail Flyer, Upheld |
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns. |
| Complaint 22/201 New Zealand Centre for Political Research Ltd, Print, Not Upheld Complaint 22/237 The Bradford Exchange, Print, Not Upheld Complaint 22/261 Noel Leeming, Television, Not Upheld Complaint 22/277 DVS Home Ventilation, Television & Website, Not Upheld Complaint 22/280 Honour the Maunga, Unaddressed Mail, Not Upheld Complaint 22/283 McDonald’s, Website, Not Upheld Complaint 22/298 City Vision, Website, 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 22/246 New Zealand Racing Board, TAB, Television, No Grounds to Proceed Complaint 22/247 Mars NZL Ltd, Television, No Grounds to Proceed Complaint 22/256 Te Whatu Ora, Print, No Grounds to Proceed Complaint 22/257 Tradie Workwear, Television, No Grounds to Proceed Complaint 22/260 National Bowel Screening, MOH, Television, No Grounds to Proceed Complaint 22/267 Contrave, Family Health Diary, Television, No Grounds to Proceed Complaint 22/282 Christchurch City Council, Facebook, No Grounds to Proceed Complaint 22/287 TEBO Massage Chair, Television, No Grounds to Proceed Complaint 22/293 Burger King, Television and YouTube, No Grounds to Proceed Complaint 22/296 Swazi, Website, No Grounds to Proceed Complaint 22/297 Cotton On Foundation, Email, No Grounds to Proceed Complaint 22/305 Air New Zealand, Facebook, No Grounds to Proceed Complaint 22/307 Accident Compensation Corporation (ACC), Television, No Grounds to Proceed Complaint 22/313 Share My Super, Television, No Grounds to Proceed Complaint 22/315 Tony Stallinger-Election, Addressed Mail, No Grounds to Proceed Complaint 22/319 New Zealand Nurses Organisation, Television, No Grounds to Proceed |
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Appeal Complaint 22/204 Appeal 22/012 Toyota, Website, Not Upheld |
Decision Summaries
Each month we summarise two decisions from the above list
Health2000 amends advertisement following complaint
Complaint 22/278 Health 2000, Facebook, Settled
Health2000 New Plymouth have voluntarily amended a Facebook advertisement following concerns it contained unsubstantiated therapeutic claims.
The advertisement, promoting Schuessler’s Biochemic Cell Salts, included the list of ingredients and their recommended application for various health conditions.
As part of the self-regulatory process, Advertisers have the option of amending or removing their advertising to comply with the Advertising Codes. Following a review of Health2000’s amended advertisement addressing the Complainant’s concerns, the Chair considered there would be no further purpose in taking the matter to the ASA Complaints Board, and ruled the complaint was settled.
Influencer post removed
Complaint 22/274 Keto Happy Co, Instagram, Settled
Influencer @iamkatythomas has removed an Instagram advertisement for Keto Happy Co following a complaint to the ASA.
The Complainant was concerned the advertisement, promoting Keto Happy Co’s cakers delight mix, included claims the ingredient sunflower lecithin would assist the treatment of ulcerative colitis.
Following receipt of the complaint, the Influencer confirmed the advertisement had been removed, and the complaint was ruled as settled.
To support Influencers in complying with the Advertising Standards, the ASA has released a Quick Guide on Identifying Ad Content to highlight the key rules around influencer advertisements.
