Latest Decisions: Pricing claims, antisocial behaviour, and more

21 December 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 22/355 – AIA New Zealand, Facebook, Settled
Complaint 22/357 – Vitaco Health (NZ) Ltd, Healtheries, Television, Settled
Complaint 22/360 – Collective First National Real Estate, Billboard, Settled
Complaint 22/361 – Auto Distributors, Opel Mokka Car, Television, Settled
Complaint 22/363 – NZME, ZM, Pavlova Gin Facebook, Settled

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

Complaint 22/344 – McDonald’s, 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 22/320 – FIFA, Live Television, No Grounds to Proceed
Complaint 22/334 – Franklin Graham Tour, Billy Graham Evangelistic Association, Live Television, No Grounds to Proceed
Complaint 22/343 – Family Health Diary & Pfizer New Zealand Limited, Live Television, No Grounds to Proceed
Complaint 22/337 – Chorus NZ, Television On Demand, No Grounds to Proceed
Complaint 22/341 – NZ National Party, Addressed Mail, No Grounds to Proceed
Complaint 22/346 – Stella Artois, Lion NZ Limited, Digital Billboard, No Grounds to Proceed
Complaint 22/352 – Billy Graham Evangelistic Association, Radio, No Grounds to Proceed
Complaint 22/354 – National Mini Storage, Television, No Grounds to Proceed
Complaint 22/358 – L’Oreal NZL, Live Television, No Grounds to Proceed
Complaint 22/359 – Mitre 10, Live Television, No Grounds to Proceed
Complaint 22/365 – Unilever Australasia, Persil Ultimate, Live Television, No Grounds to Proceed

Appeal

Complaint 22/179 Appeal 22/013 – The Glenlivet Whiskey, Pernod Ricard Winemakers, Billboard, Appeal Declined; Complaint Not Upheld


Decision Summaries

Each month we summarise two decisions from the above list

Car dealer amends TV ad following concerns it promoted antisocial behaviour

Complaint 22/361 – Auto Distributors, Opel Mokka Car, Television, Settled

Auto Distributors have voluntarily amended a television ad following concerns a scene depicting the vandalism of a surveillance camera promoted anti-social behaviour.

The advertisement for the Opel Mokka car depicted the electric vehicle driving around a city and included a scene showing a woman pulling down a surveillance camera and throwing it in a rubbish bin.

As part of the self-regulatory process, Advertisers have the option of amending or removing their advertising to comply with the Advertising Codes. Following notification of the complaint, the Advertiser removed the scene in question. Noting the 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.

Life insurance provider amends Facebook ad following complaint of misleading pricing claims

Complaint 22/355 – AIA New Zealand, Facebook, Settled

AIA New Zealand have amended a Facebook advertisement promoting their Starter Plan following concerns the claims misled consumers about the value of the life cover policy available for the advertised premium price.

The advertisement included the claim ‘up to $300,000 life cover from $2.96* per week’ when the premium price advertised was for a cover of $100,000.

Following receipt of the complaint, AIA New Zealand confirmed it had amended its advertisement to remove the reference to “$300,000” and updated the premium information to the fortnightly amount payable.

Given the co-operation and self-regulatory action undertaken by the Advertiser, the Chair ruled the matter was Settled.