Latest Decisions: Fine print, safety depictions in alcohol ads, and more
30 October 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 24/153 Hobson’s Pledge, Print, Upheld in Part
Settled Complaints: The advertiser has amended or removed the advertisement after receiving the complaint.
Complaint 24/162 Panhead, Billboard, Settled
Complaint 24/174 Parallel Imported, Digital Marketing, Settled
Complaint 24/182 Woolworths, Milkrun, Addressed Mail, Settled
Not Upheld Complaints: The Complaints Board found the ad did not breach the Advertising Codes in relation to the complainant’s concerns.
Complaint 24/155 Hobson’s Pledge, Print, Not Upheld
Complaint 24/156 Hobson’s Pledge, Print, Not Upheld
Complaint 24/157 Hobson’s Pledge, Print, Not Upheld
Complaint 24/160 Lotto NZ, Television, Not Upheld
Complaint 24/161 Cancer Society, Television, Not Upheld
Complaint 24/167 Orcon, Digital Marketing, Not Upheld
Complaint 24/170 Persol Kelly, Digital Marketing, 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 24/169 2degrees, Television, No Further Action
Complaint 24/173 Repco, Television, No Further Action
Complaint 24/177 Z Energy, Television, No Further Action
Complaint 24/178 Uber Eats, Television, No Further Action
Complaint 24/184 Woolworths, Youtube, No Further Action
Complaint 24/187 Betcha, Billboard, No Further Action
Complaint 24/189 Air New Zealand, Addressed Mail, No Further Action
Complaint 24/191 Afterpay, Billboard, No Further Action
Complaint 24/192 Lion, Billboard, No Further Action
Complaint 24/193 DB Breweries, Billboard, No Further Action
Complaint 24/196 Afterpay, Digital Marketing, No Further Action
Complaint 24/198 Bluebird, Youtube, No Further Action
Decision Summaries
Each month we summarise two decisions from the above list
Beer billboard removed following complaint it depicted drinking while participating in motorsports
Complaint 24/162 Panhead, Billboard, Settled
A billboard for Panhead’s Pick-Up Hazy IPA has been removed following a complaint it associated drinking alcohol and participating in motorsports.
The billboard depicted riders having a drink of beer while standing alongside their vehicles. One track bike is on the back of a truck while the other is upright on the ground. The text on the billboard said, “Up for it. New Pickup Hazy IPA.”
The complainant listed concerns including associating drinking with motorcycling.
The Chair accepted the complaint to go before the Complaints Board for review of possible breaches under the Social Responsibility and Safety provisions in the Alcohol Advertising and Promotion Code.
Upon notification of the complaint, the advertiser removed the billboard. The Chair of the Complaints Board agreed the advertiser’s self-regulatory action in removing the advertisement was sufficient to settle the complaint.
Our Safety Check: Vehicles in Advertising Quick Guide covers common mistakes made by advertisers when depictions of vehicles get on the wrong side of safety rules in the Advertising Standards Code.
If you’re advertising alcohol, ensure you check our Quick Guide: Alcohol Advertising & Promotion.
Woolworths email marketing rectified following concerns it misled consumers
Complaint 24/182 Woolworths, Milkrun, Addressed Mail, Settled
Woolworths has removed an advertisement and provided a refund to affected customers following a complaint to the Advertising Standards Authority regarding a misleading discount offer.
Two email advertisements sent by Woolworths for their Milkrun service included an image of a $20 voucher and the heading “We come with gifts”. The body of the email announced a $10 off discount code which was provided in the email.
The complainant was concerned the advertisement was misleading by claiming to provide a $20 voucher when in fact a $10 discount was on offer.
The advertiser noted it had not been their intention to mislead consumers and acknowledged there had been human error leading to a discrepancy between the image and the content of the email, including the discount code. The advertiser chose to settle the complaint and took steps to rectify the error with affected customers. This included removing the advertisement, along with additional voluntary actions of refunding customers who had redeemed the discount code, and ensuring the full 20% discount was applied to future redemptions.
Our Quick Guide: Misleading Advertising provides an overview of the rules to prevent misleading advertising, along with tips for advertisers to avoid unintentionally misleading consumers.
