Latest decisions: Three Waters, craft beer, and more

August 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 22/192 Department of Internal Affairs, Three Waters, Facebook, 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 22/136 Voices for Freedom, Billboard, Upheld
Complaint 22/193 Sprig and Fern Brewing Co, Poster and Label, Upheld in Part
Complaint 22/195 Te Whatu Ora, Health New Zealand, Print, Upheld
Complaint 22/196 Te Whatu Ora, Health New Zealand, Billboard, Upheld
Complaint 22/197 Te Whatu Ora, Health New Zealand, Television, Upheld

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

Complaint 22/137 Voices for Freedom, Billboard, Not Upheld
Complaint 22/164 Lion, Steinlager, Digital Marketing, Billboard, Not Upheld
Complaint 22/179 Pernod Ricard Winemakers, Glenlivet, Billboard, 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 22/185 National Emergency Management, Radio, No Grounds to Proceed
Complaint 22/190 Milford Asset Management Limited, Television, No Grounds to Proceed
Complaint 22/199 Genesis Energy, Television, No Grounds to Proceed
Complaint 22/202 Asahi Beverages, Long White, Television, No Grounds to Proceed
Complaint 22/204 Toyota, Website, No Grounds to Proceed
Complaint 22/205 Harvey Norman NZ, Website, No Grounds to Proceed
Complaint 22/206 Westpac Bank, Television, No Grounds to Proceed
Complaint 22/209 LifeStyles Healthcare, Television, No Grounds to Proceed
Complaint 22/210 Department of the Prime Minster and Cabinet, Radio, No Grounds to Proceed
Complaint 22/211 Reckitt Benckiser (NZ) Limited, Television. No Grounds to Proceed
Complaint 22/212 Ministry of Health Bowel Screening Programme, Television, No Grounds to Proceed
Complaint 22/213 City Impact Church, Out of Home, No Grounds to Proceed
Complaint 22/214 Isuzu Utes New Zealand Ltd, Television, No Grounds to Proceed
Complaint 22/215 Department of Internal Affairs, Print, No Grounds to Proceed
Complaint 22/220 Te Whatu Ora – Health New Zealand, Television, No Grounds to Proceed
Complaint 22/221 PD Pet Insurance, Television, No Grounds to Proceed
Complaint 22/225 Frontier Touring, Elton John, Print, No Grounds to Proceed
Complaint 22/229 Chanui Tea, Television, No Grounds to Proceed
Appeal
Complaint 22/154 Appeal 22/011 Nissan New Zealand, Facebook, Appeal DeclinedDecline to Adjudicate
Complaint 22/249 New Zealand Labour Party, Facebook, Decline to Adjudicate

Decision Summaries
Each month we summarise two decisions from the above list


Three Waters Facebook ad amended
Complaint 22/192 Department of Internal Affairs, Three Waters, Facebook, Settled

A Facebook advertisement for Three Waters has been amended following a complaint to the Advertising Standards Authority (ASA).

The ad, from the Department of Internal Affairs, stated ‘Drinking Water. More than 1 million people drank water that didn’t meet drinking water standards.’

The complainant was concerned the advertisement made a claim which could be misleading to some consumers.

After receiving the complaint, DIA amended the advertisement to replace the wording ‘drank water’ to ‘had access to water.’

As part of the ASA’s self-regulatory process, advertisers can amend or remove their advertising upon receiving a complaint. Due to the advertiser’s action to amend and substantiate figures used, the Chair ruled there would be no further purpose to take the matter to the ASA Complaints Board. The complaint was ruled as settled.


Craft brewer in breach of alcohol advertising standards
Complaint 22/193 Sprig and Fern Brewing Co, Poster and Label, Upheld in Part

The ASA has requested that Sprig and Fern Brewing Co change the name of one of their products and remove advertising associated with it following a complaint upheld by the ASA Complaints Board.

The Board said the advertisement and name of product, called ‘24/7 0.8 % Alc/Vol’ or ‘24/7 Hazy Pale Ale’, did not demonstrate a high standard of social responsibility or low-risk alcohol consumption.

The ASA has requested the advertising and labelling with the name ‘24/7’ be removed. Due to the logistics involved in changing product packaging, the Advertiser has three months to comply with the Decision.