Latest Decisions: Isuzu ad amended, Lotto TVC did not breach Code, and more
The following decisions have been released to the ASA website:
- Complaint 21/214 Thirsty Liquor, Signage, Settled
- Complaint 21/267 New Plymouth Little Theatre, Billboard, Settled
- Complaint 21/268 Warner Bros, Signage, No Grounds to Proceed
- Complaint 21/282 Te Whanau o Waipareira, Television, No Grounds to Proceed
- Complaint 21/290 Merz Aesthetics, Print, No Grounds to Proceed
- Complaint 21/298 Oi Organic Initiative, Website, No Grounds to Proceed
- Complaint 21/313 Masterpet, Television, No Grounds to Proceed
- Complaint 21/324 Mocka, Website, No Grounds to Proceed
- Complaint 21/118 Greenpeace Television, No Grounds to Proceed
- Complaint 21/190 Kellogg (Aust) Pty Ltd, Television, Upheld
- Complaint 21/269 Wakachangi Lager, Out of Home, No Grounds to Proceed
- Complaint 21/277 Lullaby Loom, Instagram, Upheld
- Complaint 21/300 Briscoes Group, Television, No Grounds to Proceed
- Complaint 20/556 The New Zealand Quit Chinese Communist Party Centre Communist Party Centre, Brochure, Not Upheld
- Complaint 20/601 The New Zealand Quit Chinese Communist Party Centre Communist Party Centre, Billboard, Not Upheld
- Complaint 21/294 The New Zealand Quit Chinese Communist Party Centre Communist Party Centre, Poster, Not Upheld
- Complaint 21/295 The New Zealand Quit Chinese Communist Party Centre Communist Party Centre, Poster, Not Upheld
- Complaint 21/207 Blinds to Go, Out of Home, Settled
- Complaint 21/304 Trade Me, Television, No Grounds to Proceed
- Complaint 21/329 Hnry, Television, Settled
- Complaint 21/173 Ola New Zealand, Television, No Grounds to Proceed
- Complaint 21/306 New Zealand National Party, Facebook, No Grounds to Proceed
- Complaint 21/307 ACT Party, Facebook, No Grounds to Proceed
- Complaint 21/323 Hell Pizza, Facebook, No Grounds to Proceed
- Complaint 21/326 New Zealand National Party, Facebook, No Grounds to Proceed
- Complaint 21/327 New Zealand Police, Spotify, No Grounds to Proceed
- Complaint 21/337 Johnson and Johnson, Coldral, Television, No Grounds to Proceed
- Complaint 21/171 Lion Beer and Spirits, Steinlager, Digital Marketing, No Grounds to Proceed
- Complaint 21/202 Isuzu NZ, Television, Settled
- Complaint 21/296 Decjuba, Digital Marketing, Upheld
- Complaint 21/310 Brand Developers, Tevo Heater, Television, Not Upheld
- Complaint 21/315 Lotto NZ, Television, Not Upheld
- Complaint 21/335 AWAP 21/001 NPD Energy, Website, Facebook and Print, Settled
- Complaint 21/345 Toyota New Zealand, Television, No Grounds to Proceed
Isuzu ad amended following pronunciation concern
The Isuzu television advertisement promotes the D-Max vehicle. The advertisement begins by introducing a D-Max owner “John Simpson from Mount Hay Station, Tekapo.”
The Complainant was concerned the advertisement mispronounced the place name “Tekapo”.
Upon receipt of the complaint, the Marketing Agent on behalf of the Advertiser accepted the pronunciation of Tekapo in the advertisement was not correct. The Advertiser sought guidance on the correct pronunciation from Ngāi Tahu, the principal Māori iwi of the South Island and rerecorded the voiceover on the advertisement with the correct use of the name Tekapo.
Acknowledging the Advertiser’s co-operative engagement and self-regulatory action in amending the advertisement, the Chair ruled the complaint was Settled.
Lotto TVC did not breach Code
The Lotto NZ television advertisement shows images of community causes benefiting from Lotto grants. The voiceover says, “Ever since the first draw back in ’87, 100% of Lotto NZ profits have gone back to the community. That’s almost $5 billion, helping thousands of great causes right across Aotearoa. So every time you play a Lotto NZ game, someone wins! Now that’s Kiwis helping Kiwis.”
The Complainant was concerned the advertisement is misleading to state 100% of profits go back to the community when financial statements show $20,108 was retained in equity.
In their response, the Advertiser said under the Gambling Act 2003, all profits generated are required to be distributed to the NZ Lottery Grants Board, unless a retention is approved by the Minister of Internal Affairs. The Advertiser said profit retention is occasionally required to fund essential upgrades, and the $20.1 million retention was approved accordingly.
The Complaints Board considered the complaint and agreed the claim that “100% of Lotto NZ profits have gone back to the community” was a factual claim that required substantiation. The Board agreed the substantiation provided by the Advertiser explained the retention of some earnings to pay for business operations. The Complaints Board agreed that the $20.1 million allocated to fund the upgrade and replacement of technology infrastructure was an operational expense which, in keeping with the agreed definition of “profit”, would be deducted before calculating the net profit.
The Complaints Board said the complaint was not likely to mislead or deceive consumers and ruled the complaint was Not Upheld.