Latest decisions: Gambling ads, earthing claims, and more
31 May 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 23/061 – Birkenhead Liquor Spot, Liquor Centre, Out of Home, Settled
Complaint 23/088 – TAB, New Zealand Racing Board, Digital Marketing, Settled
Complaint 23/099 – Peregrine Wines, Facebook, Settled
Complaint 23/105 – Kerry-Marie Callander Psychic Medium, Digital Marketing, Settled
Complaint 23/106 – Grounded Kiwi, Digital Marketing, Settled
Complaint 23/107 – Grounded Kiwi, Digital Marketing, Settled
Complaint 23/109 – ANZ NZ Ltd, Digital Marketing, Settled
Complaint 23/113 – Isuzu Utes New Zealand Ltd, Digital Marketing, 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 23/070 – Bargain Chemist, Instore Posters, Upheld in Part, Not Upheld in Part
No Further Action: 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 23/086 – Hnry, Live Television & OnDemand, No Further Action
Complaint 23/100 – Ashley and Martin, Live Television, No Further Action
Complaint 23/102 – Lazu, Pharmabroker Sales Ltd, On Demand, No Further Action
Complaint 23/103 – Bonds, Hanesbrand AUS PTY LTD, Poster, No Further Action
Complaint 23/104 – KFC, Restaurant Brands, Live Television, No Further Action
Complaint 23/108 – Te Whatu Ora – Health New Zealand, Radio, No Further Action
Complaint 23/112 – Cosi fan tutte, New Zealand Opera, Facebook, No Further Action
Complaint 23/116 – Pak’ n Save, Foodstuffs NZ ,Live Television, No Further Action
Complaint 23/118 – NZ National Party, Digital Marketing, No Further Action
Complaint 23/119 – ACT Party, Billboard, No Further Action
Decision Summaries
Each month we summarise two decisions from the above list
TAB advertisement removed following concerns it breached Gambling Advertising Code
Complaint 23/088 – TAB, New Zealand Racing Board, Digital Marketing, Settled
TAB have removed an advertisement following a complaint the ad was not sufficiently identified.
The digital marketing advertisement appeared as a hyperlink inserted within a New Zealand Herald article about fighter Israel Adesanya. The link said “Let’s back Izzy. Sign up now for a $20 TAB Bonus Bet to back our man in the UFC 287” and directed to the TAB website.
The Chair accepted the complaint to be reviewed by the Complaints Board. On receipt of the complaint, the Advertiser responded and acknowledged the advertisement did not meet the standards required by the ASA Codes. The Advertiser confirmed the ad had been removed, and made an undertaking to review processes to ensure the error did not happen again.
The Chair noted the self-regulatory action taken by the Advertiser in removing the ad and reviewing their processes, and ruled the matter was Settled.
To support industry compliance with the Codes, the ASA has recently released a Guide on Identification of Advertisements, part of the wider Get It Right The First Time series. Additionally, the Short & Sweet Gambling Advertising Code video provides a top-line overview of the key points within the Code.
Testimonials and therapeutic claims: Grounded Kiwi ads removed following complaints
Complaint 23/106 – Grounded Kiwi, Digital Marketing, Settled
Complaint 23/107 – Grounded Kiwi, Digital Marketing, Settled
Grounded Kiwi have removed two sponsored social media advertisements following complaints they contained unsubstantiated therapeutic claims and testimonials.
The advertisements on the Grounded Kiwi Facebook page promoted the Grounded Kiwi products, including a bedding underlay, and contained claims including “Inflammation reduction after 4 nights” alongside testimonials from consumers.
The Chair accepted the complaints to go before the Complaints Board. As part of the ASA process, the Advertiser may choose to settle or defend their advertisement. On receipt of the complaint, Grounded Kiwi confirmed it had removed the advertisements. Acknowledging the self-regulatory action taken by the Advertiser in removing the ads, the Chair ruled the matter was Settled.
The ASA’s recently released Quick Guide: Can’t Prove It, Don’t Say It provides guidance to advertisers about the substantiation required when making claims in advertisements. A short overview of the Therapeutic & Health Advertising Code is also available on the ASA website.
