Latest decisions: Comparative claims, integrated advertising, and more
30 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 22/244 Weight Watchers, Poster, Settled Complaint 22/288 The Crystal Point, Website, Settled Complaint 22/289 The Crystal Point, Website, Settled Complaint 22/290 The Crystal Point, Website, Settled Complaint 22/291 The Crystal Point, Website, Settled Complaint 22/292 The Crystal Point, Website, Settled Complaint 22/317 Z Energy, Email, Settled Complaint 22/332 @lovefromyourdads, Fitbit, Instagram, Settled Complaint 22/353 Chilly Box, 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 22/275 Voices for Freedom, Unaddressed Mail, Upheld |
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns. |
| Complaint 22/242 Partners Life, Live Television & YouTube, Not Upheld Complaint 22/308 Rapid Radio, Radio, Not Upheld Complaint 22/323 New Zealand Post Limited, Billboard, Not Upheld Complaint 22/331 Sprite, Coca-Cola, Live 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 22/318 Kelloggs NZ, Live Television, No Grounds to Proceed Complaint 22/322 Voice For Life, Out of Home, No Grounds to Proceed Complaint 22/324 ACT Party, Billboard, No Grounds to Proceed Complaint 22/326 Cancer Society of New Zealand, Radio, No Grounds to Proceed Complaint 22/330 KFC, Live Television, No Ground to Proceed Complaint 22/336 New Zealand Labour Party, Facebook, No Grounds to Proceed Complaint 22/340 New Zealand National Party, Addressed Mail, No Grounds to Proceed Complaint 22/342 Department of Corrections, Live Television, No Grounds to Proceed Complaint 22/347 Mitsubishi Motors, Live Television, No Grounds to Proceed |
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No Jurisdiction/Decline to Adjudicate Complaint 22/311 Tim van de Molen MP, Digital Marketing, No Jurisdiction |
Decision Summaries
Each month we summarise two decisions from the above list
Chilly Box Facebook ad removed following comparative claim concerns
Complaint 22/353 Chilly Box, Facebook, Settled
Discount food retailer Chilly Box have voluntarily removed a Facebook advertisement following concerns its discount claims were misleading.
The advertisement included the claim “Fill two trolleys for the price of one”, with a disclaimer at the bottom left “*compared to normal everyday supermarket prices/stores”.
As part of the self-regulatory process, Advertisers have the option of amending or removing their advertising to comply with the Advertising Codes. On receipt of the complaint, the Advertiser removed the ad and confirmed it would not be run again. Following this self-regulatory action from the Advertiser, the Chair considered there would be no further purpose in taking the matter to the ASA Complaints Board and ruled the complaint was settled.
Partners Life integrated ads did not breach Code
Complaint 22/242 Partners Life, Live Television & YouTube, Not Upheld
The Complaints Board did not uphold complaints about one YouTube advertisement, and two Partners Life television advertisements which were integrated within the programme The Brokenwood Mysteries.
The advertisements depicted characters Janice and Vince from the programme lying in a morgue. The actors open their eyes and talk about how they had no life insurance to leave their families. The advertisement ends with the text “Plan ahead to get life right” and the Partners Life logo.
Four Complainants were concerned the advertisements were distressing and played on fear to sell life insurance, the images of dead bodies were distasteful and triggering for those who had recently been bereaved, and that the ads were indistinguishable from the programme into which it was integrated.
The Complaints Board agreed the advertisements were sufficiently identified, appearing between a sponsorship notification prior to the programme and the Partner’s Life logo prior to the credits. The Board acknowledged programme integration of advertisements outside traditionally defined ad breaks could be a new experience for some viewers. They noted it was important for Advertisers and broadcasters to ensure it is made clear to consumers what type of content they were viewing.
The Board said the television advertisements which appeared at the end of The Brokenwood Mysteries episodes were no more distressing than the programmes themselves, and the stand-alone YouTube advertisement was also unlikely to cause fear and distress to the targeted audience.
