Latest decisions: T&Cs, social media alcohol ads, and more
11 December 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 24/171 Burnett Foundation, Out of Home, Upheld
- Complaint 24/175 Burnett Foundation, Out of Home, Upheld
- Complaint 24/190 AWAP 24/001 Rat Pack Travel, Digital Marketing, Upheld in part, Settled in part
Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint.
- Complaint 24/179 Grog, Digital Marketing, Settled
- Complaint 24/199 Deliver Easy, Digital Marketing, Settled
- Complaint 24/183 DB Breweries, Tui Billboard, Settled
- Complaint 24/201 Hancocks, Out of Home, Settled
- Complaint 24/209 Long Bay Surf Club, Digital Marketing, Settled
- Complaint 24/218 Squirrel Mortgages, Radio, Settled
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns.
- Complaint 24/168 Chubb Insurance, Digital Marketing, Not Upheld
- Complaint 24/172 Star Insure, Radio, Not Upheld
- Complaint 24/176 Burnett Foundation, Out of Home, Not Upheld
- Complaint 24/186 Asthetica, Out of Home, Not Upheld
- Complaint 24/188 Tyrewise, Out of Home, 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 24/185 Act Party, Digital Marketing, No Further Action
- Complaint 24/197 Skyscanner, Digital Marketing, No Further Action
- Complaint 24/200 Drink Pals, Out of Home, No Further Action
- Complaint 24/202 Honda, Digital Marketing, No Further Action
- Complaint 24/203 Pet Refuge, Television, No Further Action
- Complaint 24/204 Goodman Fielder, Television, No Further Action
- Complaint 24/206 2degrees Mobile, Television, No Further Action
- Complaint 24/213 MTF Vehicle Finance, On Demand, No Further Action
- Complaint 24/215 Chubb, Live Television, No Further Action
- Complaint 24/216 1 Cover, Radio, No Further Action
Decision Summaries
Each month we summarise two decisions from the above list
Delivereasy Facebook ad amended following misleading fine print concerns
Complaint 24/199 Delivereasy, Digital Marketing, Settled
A Facebook ad for Delivereasy has been amended following concerns the terms and conditions diminished the deal offered.
The ad included the text: “Hungry? Order now and we’ll leave a better taste in your mouth. Use code NEWBIE for 50% off your first order. T&C’s apply”.
The complainant was concerned the T&Cs further limited the eligibility for the promotion by excluding new customers if they lived at an address that had received an order in the past.
When notified of the complaint, the advertiser advised they had paused the ad while they reviewed their eligibility processes. The ad was resumed following changes to their process to verify eligible new customers by criteria other than their delivery address.
Given the advertiser’s co-operative engagement with the process and self-regulatory actions in amending their process, the Chair ruled the matter was Settled.
Our Quick Guide: Misleading Advertising provides our top tips to communicate deals clearly with your consumers.
Alcohol ad removed following concerns it breached Code
Complaint 24/209 Long Bay Surf Club, Digital Marketing, Settled
Long Bay Surf Club has removed Facebook and Instagram advertisements following concerns they breached the Alcohol Advertising and Promotion Code.
The Facebook and Instagram ads showed four young people socialising and included the text “Did you know that music and discounted @drink_pals can significantly reduce stress for students before exams? We are not entirely sure either, but it sounds pretty legit!”
The complainant, Alcohol Healthwatch, raised concerns the ad was socially irresponsible as it advertised that drinking alcohol would reduce stress, and depicted people who did not appear to be at least 25 years old.
The ASA requested a response from Long Bay Surf Club and Drink Pals as parties to the complaint. Drink Pals noted they had requested removal of the ads and had reminded the advertiser of their responsibilities under the ASA Codes. Long Bay Surf Club confirmed the advertisements had been removed and committed to exercising greater caution in future promotions.
The Chair ruled the complaint was Settled.
Need a refresher on the rules? Our Quick Guide: Social Media Marketing for Alcohol provides six tips to ensure your ads comply with the Alcohol Advertising and Promotion Code.
