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ASA Decision Release

ASA Decision Release

Decisions Released

The following decisions have been published on the ASA website:
• Complaint 17/235 Test Your Intolerance, Website: Settled
• Complaint 17/281 Jackpot City, Television: No Grounds
• Complaint 17/317 DB Breweries Limited, Digital Marketing: No Grounds
• Complaint 17/323 Tiles on Devon, Radio: Settled
• Complaint 17/328 Roadshow NZ, Television: No Grounds to Proceed
• Complaint 17/339 Wicked Campers, Out of Home: Upheld
• Complaint 17/341 Planet Fun, Television: Not Upheld
• Complaint 17/346 Alternative Healing, Website: Settled
• Complaint 17/349 Shosha, Flyer: Not Upheld
• Complaint 17/354 Domino’s Pizza, Digital Marketing: Settled
• Complaint 17/357 Live Nation, Out of Home: Settled
• Complaint 17/358 Mars NZL Ltd, Television: No Grounds to Proceed
• Complaint 17/361 Farmer Brown Eggs, Digital Marketing: Settled
• Complaint 17/362 Tumerix, Digital Marketing: Settled
• Complaint 17/365 Shakti Acupressure Mat NZ, Digital Marketing: Settled
• Complaint 17/369 Rainbow Youth, Website: No Grounds to Proceed
• Complaint 17/374 Ferrero Tic Tacs, Television: Settled
• Complaint 17/376 NZ Labour Party Billboard: No Grounds to Proceed
• Complaint 17/377 NZ Labour Party, Twitter: No Grounds to Proceed
• Complaint 17/379 Mitre 10, Television: No Grounds Proceed
• Complaint 17/384 Jackpot City, Television: No Grounds to Proceed
• Complaint 17/385 World Animal Protection, Television: No Grounds to Proceed
• Complaint 17/387 Bestbuys, Print: No Grounds to Proceed
• Complaint 17/389 Mike Pero Real Estate, Television: No Grounds to Proceed

Quick Summaries

Shosha Mitigated Risk of Advertising Restricted Items
A flyer advertisement for Shosha was delivered to letterboxes. The front cover of the folded flyer showed images of their retail stores. The reverse cover included a list of their locations and said they specialise in “vaping devices, E-Cig, Cartomisers … E-Liquid, E-Liquid Vaporisers, Grinders… Scales… and much much more!” In fine print it said “Available for sale to 18+ years only.” The inside of the flyer displayed images of the range of products.

The Complainant was concerned the promotion of restricted products in a mailbox flyer meant children could be exposed to images of the R18 products and it created a level of acceptance of behaviour that could lead to drug use.

The Advertiser said they had taken a considered approach to the creation of the advertisement, including noting the products were R18 and the front of the flyer only referred to the locations of the stores, not the products. The Advertiser also drew a comparison with the advertising of alcohol, which is also a legal but restricted product.

The Complaints Board noted a level of risk relating to the medium used to distribute the advertisement but acknowledged the Advertiser had taken steps to mitigate this. The Complaints Board was of the view the flyer was unlikely to encourage people and young people specifically, to take drugs or encourage illegal behaviour and had been prepared with a due sense of social responsibility. Accordingly, the Complaints Board ruled the complaint was Not Upheld.

Ferrero Takes Self-Regulatory Action
The television advertisement for Ferrero’s Tic Tacs portrayed several scenarios where Tic Tics are being shared, including a box of the sweets shaken as a rattle in front of a baby.

The Complainant was concerned the advertisement encouraged people to use a Tic Tacs box as a baby rattle and this presented a choking risk. The Advertiser acknowledged the problem and said it had been brought to their attention when the ad screened in Australia. They had changed to a shorter version of the ad which does not include the baby scene. They had committed to edit and amend this scene in the longer version prior to it being screened again.

The Chair noted the Advertiser’s co-operative engagement with the process and the self-regulatory action taken, and said that it would serve no further purpose to place the matter before the Complaints Board. The Chair ruled the complaint was Settled.


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