Latest Decisions: Vaping depictions in ads, pizza discounts, and more
31 January 2023
The following are the latest decisions from the ASA.
Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint.
Complaint 22/362 – NZ On Air, 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 22/295 – Tracy Buick, Flyer, Upheld
Complaint 22/316 AWAP 22/003 – Vitaco Health, Websites and YouTube, Upheld in part, Settled in part & Not Upheld in part.
Complaint 22/328 – Domino’s Pizza, SMS and Mobile App, Upheld
Complaint 22/356 – Shot Pop, Website, Instagram, Facebook & Packaging, Upheld in part & Not Upheld in part
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 22/329 – Electric Kiwi, Television, No Grounds to Proceed
Complaint 22/368 – Nova Energy, Website, No Grounds to Proceed
Complaint 22/369 – Sex Outside the City, Billboard, No Grounds to Proceed
Complaint 22/370 – MediaWorks, ROVA, Live Television, No Grounds to Proceed
Complaint 22/373 – Farmers Trading Company, Dior Sauvage Elixir, Live Television, No Grounds to Proceed
Complaint 22/376 – Pfizer New Zealand, Paxlovid, On Demand, Television, YouTube, No Grounds to Proceed
Complaint 23/001 – Countdown, Facebook, No Grounds to Proceed
Complaint 23/003 – SKY Broadband, Live Television, No Grounds to Proceed
Complaint 23/004 – Briscoes, Live Television, No Grounds to Proceed
Complaint 23/006 – Sacked Kiwi, Website, No Grounds to Proceed
Complaint 23/007 – Lindauer, Lion NZ, Billboard, No Grounds to Proceed
Complaint 23/008 – Peaches & Cream Adult Stores, Shop Window Display, No Grounds to Proceed
Appeal
Complaint 22/295 Appeal 22/016 – Tracey Buick, Flyer, Appeal Declined, Complaint Upheld
Complaint 22/239 Appeal 22/017 – Te Whatu Ora, Stick it to Hepatitis C, Television, Appeal Allowed, Complaint Not Upheld
Decision Summaries
Each month we summarise two decisions from the above list
Domino’s Pizza ad misled consumers
Complaint 22/328 – Domino’s Pizza, SMS and Mobile App, Upheld
Domino’s Pizza has agreed to amend future advertisements on their app following two complaints their 50% off promotion misled consumers.
The advertisement, promoted by SMS text message and a pop-up advertisement for Domino’s mobile app users, included the claim “50% off our entire menu”. Two complainants were concerned the advertisement was misleading as there were a number of exclusions to the offer.
The Complaints Board agreed the use of the definitive claim of a discount across the entire menu could lead consumers to believe that most, if not all, of the Domino’s range was included. The Board noted the disclaimer showed a large proportion of the Domino’s menu was excluded from the promotion, significantly diminishing the offer. The Board noted the guidelines in the Advertising Standards Code that disclaimers or small print information must not contradict the claims that they qualify.
The Complaints Board ruled the advertisements were in breach of the Advertising Standards Code. Given the Advertiser’s self-regulatory action by committing to amending the advertisements for future use, no further action was required.
NZ On Air amend ad following concerns it promoted vaping
Complaint 22/362 – NZ On Air, Instagram, Settled
NZ On Air have amended an advertisement for The Hustle NZ following a complaint it promoted vaping.
The advertisement included an image of a male food blogger posing on a red carpet while exhaling a vape. The complainant was concerned the image glamorised vaping, depicting the young male exhaling a vape in a post that specifically mentioned fashion and glamour.
Immediately following receipt of the complaint, NZ On Air amended the advertisement to remove the image. Given the co-operation and self-regulatory action undertaken by the Advertiser, the Chair ruled the matter was Settled.
