Latest decisions: use of testimonials, gambling advertising, and more.
4 March 2024
The following are the latest decisions from the ASA.
Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint.
Complaint 23/205 Kombucha Bros, Digital Marketing and Packaging, Settled
Complaint 23/227 Christchurch Airport, Digital Marketing, Settled
Complaint 24/006 Yoobee College of Creative Innovation, Instagram, Settled
Complaint 24/008 GLOWbody, Out of Home, Settled
Complaint 24/010 CMG Motors, Website, Settled
Complaint 24/012 Air Chathams, Digital Marketing, Settled
Complaint 24/014 Apple Inc. Addressed Mail, Settled
Complaint 24/020 Thirsty Liquor, Digital Marketing, Settled
Complaint 24/022 Nutrient Rescue, Digital Marketing, Settled
Complaint 24/024 Dominos Pizza, Digital Marketing, Settled
Complaint 24/039 Thirsty Liquor, Digital Marketing, Settled
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns.
Complaint 24/013 TAB, Live Television, Not Upheld
Complaint 24/015 Woolworths New Zealand Limited, Countdown, Poster, Not Upheld
Complaint 23/219 McLeod’s Pizza Barn & Brewery, Billboard, 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 23/272 Volkswagen NZ Live Television, No Further Action
Complaint 24/007 Universal Homes, Live Television, No Further Action
Complaint 24/016 Tauranga Insect Screens, Out of Home, No Further Action
Complaint 24/019 Fire and Emergency, NZ On Demand, No Further Action
Complaint 24/018 Pet N Sur, Radio, No Further Action
Complaint 24/026 Frank Energy, Live Television, No Further Action
Complaint 24/027 Pak N Save, On Demand, No Further Action
Complaint 24/029 The Alternative Commentary Collective, Radio, No Further Action
Complaint 24/030 McDonalds Restaurants, Television, No Further Action
Complaint 24/031 Drag Bingo – EventFinda, Digital Marketing, No Further Action
Complaint 24/033 TVNZ, Live Television, No Further Action
Complaint 24/034 Oppo, Digital Marketing, No Further Action
Complaint 24/038 Kia Motors NZ, Live Television, No Further Action
Appeal
Complaint 23/291 Appeal 23/011 I am Hope Radio, Declined
Decision Summaries
Each month we summarise two decisions from the above list
Placement of TAB TV ad did not breach Gambling Advertising Code
Complaint 24/013 TAB, Live Television, Not Upheld
The Complaints Board has Not Upheld a complaint about a TAB live television ad, which played during an episode of Coronation Street featuring a storyline about gambling addiction.
The advertisement was for TAB’s Super Saturday promotion and explained how users may be able to win an additional bonus bet of $50.
The Complainant was offended by the advertisement, and was concerned the TAB ad was inappropriately placed within a programme depicting a gambling addiction.
In their response, the Advertiser noted it had no knowledge of TVNZ’s programme storylines and it would cause undue hardship to review all programmes before booking advertising. The Media, TVNZ, included in their response confirmation the ad was rated GXC (General except children) and played after 8pm during a PG rated programme.
The Complaints Board considered the advertisement and confirmed there was nothing within it that condoned or encouraged harm. The Board unanimously agreed the placement of the TAB ad in a long running, multi-story fictional programme such as Coronation Street, where gambling was not the overriding theme of the programme, did not reach the threshold to breach the Gambling Advertising Code.
The Complaints Board acknowledged the Complainant’s genuine concern about the advert’s placement, and agreed Advertisers, Agencies and Media companies need to take a careful approach with the placement of ads for restricted products, and in some cases, this could extend to programme content.
For more information on the Gambling Advertising Code, check out our Short & Sweet: Gambling Advertising Code video or view the full Code on our website.
Nutrient Rescue ad removed following concerns regarding use of healthcare professional testimonial
Complaint 24/022 Nutrient Rescue, Digital Marketing, Settled
The Facebook and YouTube advertisements for Nutrient Rescue included an endorsement from a nurse with Crohn’s Disease talking about the benefits of Nutrient Rescue she had experienced.
The Complainant was concerned the advertisement contained a registered health professional endorsing a nutritional supplement.
The Chair accepted the complaint to go before the Complaints Board to consider whether the Therapeutic and Health Advertising Code had been breached. Upon receipt of the complaint, the Advertiser chose to remove the advertisement. Given the Advertiser’s self-regulatory action in removing the ad, the Chair ruled the matter was Settled.
Our Quick Guide: Check It Before You Release It gives our top tips on releasing socially responsible advertising.
