Complaint number: 25/231 Appeal 25/019
Applicant: Advertiser
Advertiser: Drift Clothing
Advertisement: Drift Clothing, Website
Date: 11 December 2025
Outcome: Appeal Allowed, Complaint Not Upheld
SUMMARY
On 21 October, the Complaints Board ruled that a complaint about the Drift Clothing website advertisement was upheld in part. A majority of the Board said the phrase “Nothing Made in China” was offensive but the phrase “Nothing Made in China” was not misleading.
The Advertiser appealed the decision. A copy of the appeal application is in Appendix 4. The Chairperson of the Appeal Board reviewed the complaint, the advertisement, the Complaints Board decision, and the appeal application.
The Chairperson ruled the appeal application had raised sufficient matters for the appeal to be accepted, the parties be provided the opportunity to comment, and the matter be referred to the Appeal Board.
The Appeal Board carefully considered the original complaint, the advertisement, the responses from the Advertiser, the Complaints Board Decision, the Appeal Application, and the relevant precedent decisions. The Appeal Board took into account the context, generally prevailing community standards, the medium, audience, and the likely consumer takeout of the advertisement.
The Appeal Board unanimously agreed the advertisement was not misleading. In a majority decision, the Appeal Board ruled that considering the context of the advertisement on the Advertiser’s website, it was unlikely to cause contempt or hostility and was not in breach of Principle 1, Principle 2 or Rules 1(c) and 2(b) of the Advertising Standards Code. The Appeal Board said the Appeal was allowed, and the complaint was not upheld.
Decision: Complaint Not Upheld, Appeal Allowed
