The following decisions have been released to the ASA website.
Woolworths New Zealand Limited
25/249 | Upheld in Part | In Store Radio and Website
The Complaints Board ruled a Woolworths in-store radio advertisement for fresh New Zealand strawberries was misleading. The Complaints Board did not uphold a complaint about two Woolworths website advertisements.
Premium Grounding
25/261 | Upheld | Website
The Board said the website ad was misleading as it made sale and therapeutic claims that had not been substantiated.
Greenstone Financial Services Ltd, One Choice
25/262 | Upheld | Facebook
The majority of the Board said the One Choice Facebook ad could mislead some consumers that loans of a deceased loved one could transfer on their death, to the family left behind.
Sofitel – Grape & Olive Bar, Jasmine Kim, Spicy Cocktail Challenge
25/138 | Settled | Digital Marketing
Content Creator Jasmine Kim removed a post relating to the Spicy Cocktail Challenge at Grape & Olive Bar, following concerns it encouraged excessive consumption of alcohol.
Sofitel – Grape & Olive Bar, Foodies Table, Spicy Cocktail Challenge
25/164 | Settled | Digital Marketing
Foodies Table removed a post relating to the Spicy Cocktail Challenge at Grape & Olive Bar, following concerns it encouraged excessive consumption of alcohol.
Gold Health NZ
25/215 | Settled | Digital Marketing
Gold Health removed a sponsored Facebook advertisement following a complaint it made unsubstantiated therapeutic claims.
Entain NZ, Betcha, Live Television
25/237 | Settled in Part, Not Upheld in Part | Live Television
The Complaints Board ruled aspects of the complaint made on behalf of the Problem Gambling Foundation against TAB advertising were settled as they had been addressed in the resolution of a previous case. Other aspects were ruled not to breach the Gambling Advertising Code.
NZ National Party
25/277 | Settled | Digital Marketing
The NZ National Party confirmed an advertisement running before the CPI change was not updated due to an oversight. On receipt of the complaint the number was corrected.
Moshy
25/283 | Settled | Digital Marketing
Moshy removed a projected weight loss graph on their website after a complaint the ad targeted vulnerable audiences.
Woolworths New Zealand Limited
25/285 | Settled | In Store Radio
Woolworths confirmed an in-store radio ad which included the claim “one in every three eggs eaten in New Zealand is sold by Woolworths“ would not run again, following a complaint this was misleading.
Strandbags
25/287 | Settled | Digital Marketing
Strandbags confirmed an ad was no longer running and noted human error had resulted in an ad claiming 40% off certain suitcases, when the website offered savings of 30%.
Zespri Group Limited
25/288 | Settled | Digital Marketing
Zespri removed a website advertisement which included a breakdown of carbon emissions, following receipt of a complaint by Lawyers for Climate Action NZ and Climate Clinic VUW.
Foodstuffs NZ, New World
25/299 | Settled | Digital Marketing
New World removed an ad following a complaint their claim, “Buy any Polident and get 3 New World dollars” was misleading as it was only able to be redeemed on certain products.
Entain NZ, TAB Bet Breaks, Live Television
25/209 | Not Upheld | Live Television
The Complaints Board agreed the ad did not target children or young people in terms of content, product, or audience numbers.
Brand Developers, TEVO Swing Heater
25/238 | Not Upheld | Live Television
The majority of the Complaints Board said the ad did not portray anything unsafe, misleading, or that could lead to personal or property damage.
Toyota New Zealand
25/243 | Not Upheld | Live Television
The Complaints Board ruled a scene in the Toyota TV advertisement which depicted a ram being transported in a trailer did not reach the threshold to breach the Advertising Standards Code.
ANZ
25/248 | Not Upheld | Instagram
The Complaints Board said the ANZ Instagram ad for a “Kiwisaver Check In” did not reach the threshold to be considered offensive.
Greenpeace
25/251 | Not Upheld | Television
The Complaints Board said a Greenpeace ad opposing the fishing method of bottom trawling did not mislead consumers and the factual statements in the advocacy ad were adequately substantiated.
OCD Commercial Cleaning
25/253 | Not Upheld | Website and Seek
The majority of the Complaints Board said the slogan used by OCD Commercial Cleaning did not reach the threshold to cause serious or widespread offence.
Yoobee College of Creative Innovation
25/254 | Not Upheld | Digital Marketing
The Complaints Board said a Snapchat advertisement for the Yoobee College of Creative Innovation (YCCI) Film & Content Creation course was not misleading.
Bank of New Zealand, BNZ Payap
25/267 | Not Upheld | Television
The Complaints Board ruled a television ad for the BNZ Payap product did not mislead consumers and used a light-hearted, visual metaphor to simplify the complex system of surcharges for contactless and credit card payments.
Brand Developers Ltd, Handy Saw
25/289 | Not Upheld | Television
The Complaints Board did not uphold two complaints about the Handy Saw TV ad. The Complaints Board said demonstrations of the saw’s use in the advertisement were unlikely to mislead or deceive consumers, and safety gear worn in the ad was appropriate.
Appeal Board Decisions
WUUL PRODUCTS NZ LIMITED, Wool.Life
25/162 Appeal 25/018 | Digital Marketing | Appeal Allowed, Complaint Not Upheld
The Appeal Board considered an appeal of an Upheld complaint relating to sustainability claims in a Wool.Life advertisement. The Appeal Board said the new evidence provided sufficient substantiation for the environmental claim made and the complaint was Not Upheld.
Drift Clothing
25/231 Appeal 25/019 | Website | Appeal Allowed, Complaint Not Upheld
The Appeal Board reviewed a previously Upheld decision by the Complaints Board. The Appeal Board unanimously agreed the advertisement was not misleading. In a majority decision, the Appeal Board ruled the context of the advertisement on the Advertiser’s website meant it did not breach the Advertising Standards Code. The Appeal was allowed, and the complaint was not upheld.
Department of Conservation
25/309 Appeal 25/021 | Digital Marketing | Appeal Declined
The Chairperson of the Appeal Board reviewed the case and appeal application. She said there were no grounds on which the appeal could proceed and ruled the Appeal Application was declined.
No Further Action Decisions
- 25/293 | Luxury Orthopaedic Beds | Digital Marketing
- 25/295 | Lotto NZ | Live Television
- 25/300 | Chemist Warehouse | Out of Home
- 25/301 | General Mills New Zealand, Old El Paso | Live Television
- 25/302 | Foodstuffs NZ, Pak’n Save | Poster
- 25/305 | SAFE Save Animals From Exploitation | Radio
- 25/306 | Health New Zealand | Television
- 25/307 | Lion New Zealand, Bombay Sapphire | Live Television
- 25/309 | Department of Conservation | Digital Marketing
- 25/310 | Spark NZ Ltd | Other, Out of Home
- 25/311 | Playstation | On Demand Television
- 25/313 | Zeil | Digital Marketing
- 25/315 | The Salvation Army | Live Television
- 25/316 | Fabrik, Kingston Calling | Digital Marketing
- 25/318 | Coca-Cola Oceania | Live Television
- 25/320 | Open Adoption | Digital Marketing
- 25/321 | Foodstuffs NZ, New World | Live Television
- 25/322 | Coca-Cola Oceania | Out of Home
- 25/323 | Centrist Publishing, Jacinda The Untold Stories | Live Television
Decline to Adjudicate Decisions
No Jurisdiction Decisions
Resource Spotlight
