Latest Decisions: Ingredient claims, sale exclusions, and more
25 July 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 23/110 – Rimmel London, CS&Co Beauty Solutions, Facebook, Settled
Complaint 23/114 – Taxpayers’ Union Digital Marketing, Settled
Complaint 23/120 – Nyt Cap Hangover Helper, Scorpion Supplements, Digital Marketing, Settled
Complaint 23/123 – Export Ultra, DB Breweries Limited, Live Television, Settled
Complaint 23/126 – Brooker Colour Therapy, Natural Therapy Pages, Website, Settled
Complaint 23/127 – Grounded Kiwi Digital Marketing, Settled
Complaint 23/129 AWAP 001 – DVS, Cristal Air International Ltd, Radio, Settled
Complaint 23/131 – Full Tank Limited, Website, Settled
Complaint 23/140 – Puma, Instagram, Settled
Complaint 23/141 – Speights, Lion, TVNZ, Settled – Media Error
Complaint 23/143 – Canadian Club Dry, Beam Suntory, TVNZ+, Settled – Media Error
Complaint 23/145 – Harrisons Group, Digital Marketing, Settled
Complaint 23/150 – Sky Television, 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 23/122 – MoneyShop, Digital Marketing, Upheld in part, Not Upheld in Part
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns.
Complaint 23/096 – Evil Dead Rise, Universal Pictures International NZ Ltd, On Demand, Not Upheld
Complaint 23/101 – Staircase Financial Management, Television, OnDemand, Not Upheld
Complaint 23/115 – Europcar, Website, Not Upheld
Complaint 22/351 – Paingone, Harvey Norman, Website, Not Upheld
Complaint 23/134 – Prospa NZ Ltd, Facebook and Instagram, Not Upheld
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 23/117 – Smiths City, Digital Marketing, No Further Action
Complaint 23/128 – Wheeler Motor Company, Radio, No Further Action
Complaint 23/132 – TEBO Massage Chair, Brand Developers Ltd, Live Television, No Further Action
Complaint 23/133 – Te Whatu Ora – Health New Zealand, Unaddressed Mail, No Further Action
Complaint 23/136 – Bargain Chemist, Live Television, No Further Action
Complaint 23/137 – Colgate Palmolive Pty Ltd, Live Television, No Further Action
Complaint 23/138 – Chemist Warehouse, Out of Home, No Further Action
Complaint 23/139 – ACT Party, Digital Marketing, No Further Action
Complaint 23/142 – Te Whatu Ora/Health New Zealand, Live Television, No Further Action
Complaint 23/147 – Toyota New Zealand, Live Television, No Further Action
Complaint 23/151 – PAK ’n SAVE, Foodstuffs NZ, Out of Home, No Further Action
Complaint 23/154 – Waka Kotahi/NZ Transport Agency, Live Television, No Further Action
Complaint 23/155 – Te Whatu Ora/Health New Zealand, Radio, No Further Action
Complaint 23/159 – Velform Epilwiz, Global Shop Direct, Live Television, No Further Action
Complaint 23/160 – Foodstuffs NZ, Live Television, No Further Action
Complaint 23/161 – Chorus NZ, Live Television, No Further Action
Complaint 23/162 – Chorus NZ, Live Television, No Further Action
Complaint 23/165 – EECA, Live Television, No Further Action
Complaint 23/166 – Chorus NZ, Live Television, No Further Action
Complaint 23/168 – Macpac, Live Television, No Further Action
Complaint 23/169 – Hobson’s Pledge Trust, Digital Marketing, No Further Action
Complaint 23/170 – Hell Pizza, Stuff Website, No Further Action
Complaint 23/173 – V, Frucor Beverages Ltd, Live Television, No Further Action
Complaint 23/174 – FIFA Women’s World Cup, Dunedin NZ, Print, No Further Action
Complaint 23/176 – Uncle Toby’s, Nestle NZL Ltd, Live Television, No Further Action
Complaint 23/177 – Dominos Pizza, Digital Marketing, No Further Action
Complaint 23/179 – Have a Hmmm, Accident Compensation Corporation (ACC), Digital Marketing, No Further Action
Appeal
Complaint 23/133 Appeal 23/003 – Te Whatu Ora / Health New Zealand, Brochure, Declined
No Jurisdiction
Complaint 23/124 – SRS Hair Clinic, Website, Jurisdiction Declined
Decision Summaries
Each month we summarise two decisions from the above list
Tank smoothie ad amended following complaint
Complaint 23/131 – Full Tank Limited, Website, Settled
A Tank smoothie advertisement has been amended to include a disclaimer following concerns it contained a misleading representation of the ingredients.
The website advertisement for Tank smoothies depicts their range as a variety of cups containing the ingredients of each product. When the cursor is hovered over the cup, the image changes to a picture of a smoothie.
The Complainant was concerned the advertisement misrepresented the quantity of each ingredient included in the smoothie.
Upon receiving the Complaint, the Advertiser confirmed they had included a disclaimer to the website which stated, “Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colours of products may also appear different to those on the site.”
Noting the Advertiser’s self-regulatory action in adding the disclaimer, the Chair said it would serve no further purpose to place the matter before the Complaints Board, and ruled the matter was Settled.
To support industry compliance with the Codes, the ASA has recently released the Can’t Prove It? Don’t Say It guide to substantiating claims.
Puma ad removed following concerns it misled consumers
Complaint 23/140 – Puma, Instagram, Settled
Puma have removed an Instagram ad following concerns it misled consumers.
The Instagram advertisement promoted their End of Financial Year sale with images of a Queensland Maroons and New Zealand Warriors jersey and the claim, “Up to 60% off, exclusions apply.”
The Complainant was concerned the advertisement was misleading as the products depicted in the images were not included in the sale.
Following receipt of the Complaint, the Advertiser confirmed the ad was no longer active and committed to reviewing their processes to ensure it would not happen again.
Given the Advertiser’s co-operative engagement with the process and self-regulatory action, the Chair ruled the matter was Settled.
The ASA Quick Guide: Check It Before You Release It provides our top 10 tips for advertisers before placing an ad.
