Latest Decisions: food advertising, alcohol labelling and social media promotion, and more
27 September 2024
The following are the latest decisions from the ASA.
Upheld Complaints: The Complaints Board agreed with the complainant the advertisement breached the Advertising Codes. The advertiser has been asked to remove or amend it.
Complaint 24/115 Plain Jane, Digital Marketing, Upheld in part, Settled in part
Complaint 24/133 Te Aro Brewing, Digital Marketing and Packaging, Upheld
Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint.
Complaint 24/141 Frank Energy, Television, Settled
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns.
Complaint 24/137 Noel Leeming, Digital Marketing, Not Upheld
Complaint 24/139 DB Breweries, White Claw, Digital Marketing, Not Upheld in part, No Jurisdiction in part
Complaint 24/142 Z Energy, Television, 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 24/148 Rialto, Longlegs, On Demand, No Further Action
Complaint 24/151 Anytime Fitness, Digital Marketing, No Further Action
Complaint 24/152 DB Breweries, Heineken, YouTube, No Further Action
Complaint 24/154 One New Zealand, Television, No Further Action
Complaint 24/158 Stop Co-Governance, Out of Home, No Further Action
Complaint 24/159 Toto Pizza, Out of Home, No Further Action
Complaint 24/164 Autotrader, Television, No Further Action
Complaint 24/165 Kolorex, Instore, No Further Action
Decline to Adjudicate: The Chair ruled the Complaints Board was not the appropriate forum to deal with the concern.
Complaint 24/145 EnChroma, Digital Marketing, Decline to Adjudicate
Decision Summaries
Each month we summarise two decisions from the above list
“Horny Jane” RTD ruled socially irresponsible
Complaint 24/115 Plain Jane, Digital Marketing and Labelling, Upheld in part, Settled in part
The labelling and website promotion of the “Horny Jane” product by RTD brand Plain Jane breached the Alcohol Advertising and Promotion Code.
The Horny Jane product included the Plain Jane logo with red devil horns. Claims on both the can and the website included suggestions it would enhance a social situation and contained sexual references. Eleven Instagram advertisements on the Plain Jane page were also raised in the complaint, including a post with an image of a woman sprawled on the ground, with the text, “You can’t stop at just one.”
The complainant was concerned the Horny Jane product, Plain Jane website and Instagram advertisements breached several rules in the Alcohol Advertising and Promotion Code. The concerns raised included safety, social responsibility, targeting of an adult audience, alcohol consumption and alcohol effects.
The advertiser responded to the complaint and confirmed the Instagram posts had been removed. They defended the claims on the product and website, saying the claims were intended to tell a product story conveying “fun, flirtation, and mischief” and targeted a young adult audience over the age of 18. The advertiser stated health references on the label related to the sugar-free, gluten-free, and vegan nature of the product, making it a better/healthier choice than other products.
The Complaints Board ruled the sexual references and suggestion that the product would enhance a situation on the labelling and website were a breach of the Alcohol Advertising and Promotion Code. The Board said the use of the words “healthy” and “guilt-free” in association with an alcohol product did not meet the high standard required by the Alcohol Code. The Complaints Board ruled these aspects of the complaint were Upheld, with the packaging and labelling to be removed and not used again, and the website advertisements not to be used again in their current form. The advertiser was given a period of 3 months (ending 2 December) to comply with the removal of non-compliant packaging from the New Zealand market.
The Instagram advertisements were also ruled to be in breach of the Code, however given the self-regulatory action taken by the advertiser to remove the posts subject to complaint, this part of the case was Settled.
Our Quick Guide: Alcohol Advertising & Promotion provides our top tips for avoiding offending your audience in your advertising campaigns.
For additional guidance on alcohol advertising on social media, read our Quick Guide to Social Media Marketing for Alcohol.
Z Energy pie ad did not breach Advertising Standards Code
Complaint 24/142 Z Energy, Television, Not Upheld
Note: This ad was considered under the current provisions in the Advertising Standards Code. The new Food and Beverage Advertising Code comes into effect for all advertising from 1 November 2024.
The Complaints Board did not uphold a complaint regarding a Z Energy ad promoting their convenience food offerings.
The advertisement depicts two colleagues eating their lunch. One colleague prepares to eat leftovers from a container, while watching the other put sauce on a pie. The final scene in the ad shows a Z Energy shop assistant with a pie and energy drink, saying: “Z is for having what everyone else is having.”
The Complainant was concerned the advertisement was not promoting healthy eating and negatively compared leftovers with a pie and an energy drink.
The Advertiser defended the advertisement, saying undermining the health and wellbeing of individuals was unlikely to be the reasonable consumer takeout. The Advertiser said it did not advertise a pie and energy drink over healthy alternatives and the nutritional merits of the lunch brought from home are not apparent. The ad targeted adults and the tag line “having what everyone else is having” was intended as a hyperbole to emphasise the desirability of the offering.
The Complaints Board agreed the likely consumer takeout was that you can buy convenience foods at Z Energy stations. The Board noted that Z Energy is allowed to advertise the products it sells and said the advertisement did not encourage excessive consumption.
New rules come into place for food and beverage advertising on 1 November. Make sure you’re up to speed with the new Code by checking out our resources below:
