Advertising Standards Authority for Ireland releases latest Complaints Bulletin

  • 8 advertisements across online, social media and in app advertising were found to be in breach of the ASAI Code on grounds related to a range of issues including Misleading, Substantiation, Environment, Children, Gambling and Health and Beauty

 

  • In one case the Complaints Committee issued a Statement

 

 

The Advertising Standards Authority for Ireland’s (ASAI) independent Complaints Committee has released its latest Complaints Bulletin, which contains 11 case reports on complaints recently investigated by the organisation.

 

6 of the 11 cases were upheld in full and 2 of the 11 cases were upheld in part. Advertisements across online, social media and in app advertising were found to be in breach of the ASAI Code on grounds related to Misleading, Substantiation, Environment, Children, Gambling and Health and Beauty. One interested party complaint was received and resulted in a Statement being issued with advice for future advertising. The Complaints Committee chose not to uphold two complaints.

 

The Complaints Committee is a completely independent arm of the ASAI and is responsible for considering and adjudicating on complaints submitted by the public, by an organisation, by a Government Department, or any other person or body. The Committee is made up of a range of experts from the advertising, media, education, consumer, and marketing sectors. See further details here – http://www.asai.ie/about-us/complaints-committee

 

Commenting on the latest ASAI rulings, Orla Twomey, Chief Executive of the ASAI, stated:

 

“The latest complaints bulletin from the ASAI shows the scope of the organisation across the Irish advertising industry, and the important role we have ensuring that advertisements are legal, truthful, decent and honest for all Irish consumers across all platforms. The ASAI fully investigates all complaints thoroughly to ensure that advertisers in Ireland are not in breach of the high standards in the ASAI Code.”

 

“The ASAI also provides a free and confidential copy advice service to the advertising industry to help them create responsible ads that adhere to the advertising code. If an advertiser, agency, or medium has any concerns about a marketing communications’ compliance with the ASAI’s Code, they can contact us and avail of the free and confidential copy advice service.”

 

Below is a list of 8 advertisements that have been found to be in breach of the ASAI Code:

 

Advertiser Medium Complaint Category Description Complaint Status Section Breached Link
MoveHome Online (Daft.ie)  

Misleading / Substantiation

 

 

The advertisement was a website listing on Daft.ie relating to the sale of a property in Artane.

 

The complainant considered the advertisement misleading as the house was

advertised as having four bedrooms, however, one of these bedrooms was an attic conversion. The complainant did not consider this was compliant with

planning, building, or fire regulations.

 

Upheld 4.1, 4.4, 4.9 and 4.10 https://www.asai.ie/complaint/property-13/
 

Erin International

 

Online (Company Own Website)

 

Misleading / Substantiation

 

The advertisement on the advertiser’s website described the employees who worked there as “A trusted collective of genealogical and probate research experts”, and described one member of staff as “Recognised throughout Ireland and overseas as a leading figure in the field of international probate research”.

 

Under the FAQ section, the company described themselves as “Ireland’s leading probate research and

tracing firm”.

 

Issue 1

The complainant considered the statement that the named staff member was “a leading figure in the field of international probate research” to be misleading and queried substantiation of the claim.

 

Issue 2

The complainant asked if there was substantiation available for the claim that the company was a leading firm worldwide.

 

Issue 3

The complainant also queried the claim that the advertisers were “Ireland’s leading

probate research company” as they considered them to be relatively new to the market.

 

 

Issues 1 and 3:

Upheld

Issue 2:

Not Upheld

 

 

4.1, 4.4, 4.9 and 4.10

 

 

https://www.asai.ie/complaint/business-services-4/

Livescore In App Gambling / Children  

A banner advertisement in the Livescore app promoted an offer for new users of an

online betting company. The advertisement stated  “Bet €10 & Get €50 in Free Bets”

 

The complainant objected to the advertisement on the grounds that the gambling advertisement was served to

an account registered to an under 18’s user. The complainant set up a profile for their underage son and upon doing so, confirmed they were under 18. Despite this, the app still served gambling advertisements to the under 18’s profile.

 

Upheld 7.6 (a), 10.17 (g) and (i) https://www.asai.ie/complaint/gambling-3/
C&C Group – Budweiser Online (Company Own Website) Misleading / Substantiation /  Environment  

The homepage of the advertisers’ website included information on the advertiser’s use of

renewable electricity and included a number of claims such as: “Budweiser is bringing 100% renewable

electricity to 100 Irish pubs”, “Since January 2021, every single can, bottle, and keg of Budweiser imported into ROI is now brewed with electricity from solar and wind sources” and “Budweiser Brewing Group generates enough renewable electricity to power the brewing operations of not only Budweiser, but also Bud Light, Stella Artois, Corona and Becks.”

 

The webpage also featured a video that included references to Budweiser using

“100 renewable electricity” and “bringing 100% renewable electricity to 100 Irish pubs over the next year.”

 

Issue 1:

The complainant objected to the claim that the products were brewed using 100% renewable electricity as no evidence had been provided for the claim. They said that if the evidence included the use of Guarantees of Origins, then this was misleading as it involved the use of non-renewable electricity being offset and was not, therefore, 100% renewable.

 

Issue 2:

The complainant objected to the claim that Budweiser is bringing 100% renewable electricity to 100 Irish pubs on the grounds that the advertising did not state how the pubs were going to be powered by solar electricity when they were traditionally open at night time.

 

Issue 1: Upheld

Issue 2: Upheld

4.1, 4.4, 4.9, 4.10, 15.2 and 15.5 https://www.asai.ie/complaint/alcohol-35/
Keith’s Cacao Online (Third-Party Social Media) Misleading / Health & Beauty  

A sponsored post on Instagram opened with the title “Your Libido and Cacao” and went on to enumerate the supposed benefits of ceremonial cacao.

 

The post featured videos of women in various poses including one woman reclining and another woman lying down with her arms outstretched over her head holding another woman’s hands.

 

There were a number of captions including:

 

“Did you know that Ceremonial Cacao can help you feel more

sexually confident?”, “Cacao increases your blood circulation and uplifts your mood. It helps you feel more connected, present and open”, and “Ceremonial Cacao can also reduce nervousness and

help you to relax, inspiring you to feel more self-assured and sexy!”.

 

The caption under the video read “Could your libido use a boost? Ceremonial Cacao

increases self- confidence, excitement and your desire for love.”

 

Issue 1:

The complainant considered the advertisement to have made unsubstantiated claims as to the health benefits of ceremonial cacao.

 

Issue 2:

The complainant believed that the advertisement played upon insecurities women may

have concerning their sexual health.

 

Issue 3:

The complainant considered that the advertisement objectified women as sex objects.

 

 

Issue 1: Upheld

Issues 2 and 3:

Not Upheld

 

 

4.1, 4.4, 4.9, 4.10, 8.8 and 8.9

https://www.asai.ie/complaint/food-non-alcoholic-beverages-15/
Rathwood Online (Company Website) Misleading / Substantiation  

The advertisement was a product listing for the Kamado Joe Classic III Barbecue on the advertiser’s website as part of their ‘Warehouse Clearance’ sale. The sale price was listed as €2,139.00 while the price of €4,379.00 was crossed out to reflect the previous higher price.

 

The complainant considered the advertisement misleading as they did not believe that the product had ever been sold at the advertised price of €4,379.00.

 

Upheld 4.1, 4.4, 4.9 and 4.10. https://www.asai.ie/complaint/household-31/
Lifecompare.ie  

 

Online (Company own website) and Social Media (Facebook)

 

Misleading / Substantiation  

Advert 1:

The advertisement on the advertiser’s website featured a number of claims including

“Life insurance is one of the most oversold, yet overcharged products. Rather than use this opportunity to provide an extra level of service and give you the best rate possible, banks and insurance agents use this opportunity to overcharge you on getting peace of

mind and protecting your loved ones.”

 

Advert 2:

A sponsored advert on social media stated:

“YOU CAN GET LIFE INSURANCE FOR LESS THAN €10

Lifecompare.ie”

 

Issue 1 – Advert 2:

The complainant challenged the claim that life insurance cover could be obtained for less than €10 as they did not consider that many people were eligible for a policy with that low a premium.

 

Issue 2 – Advert 1: The complainant objected to the reference that “Banks and insurance agents

use this opportunity to overcharge you” as they considered that it was implying that

consumers were being mis-sold insurance by banks and insurance agents, when such

institutions employ qualified financial advisors.

 

Issue 1: Upheld

Issue 2: Upheld

4.1, 4.4, 4.9, and 4.10 https://www.asai.ie/complaint/financial-insurance-3/
Connacht Whiskey Distillery Online (Company’s Social Media) Misleading / Substantiation  

An image posted on one of the company’s social media page depicted a series of

whiskey stills and casks alongside the text “The Connacht Distillery, Ireland – 150

Years of History”.

 

The complainant considered the advertisement misleading on the basis that it implied the distillery had been in operation for 150 years. The complainant stated

that the CRO showed the company was registered in 2013 and as such could not

have 150 years of history associated with it.

 

Upheld 4.1, 4.4, 4.9 and 4.10. https://www.asai.ie/complaint/alcohol-36/

 

The ASAI received one complaint made by an Intra-industry or Interested Party and chose to issue a statement

 

Advertiser Medium Complaint Category Description Complaint Status Section Breached Link
 

 

National Lottery

 

 

Television

 

Misleading/ Substantiation

 

The television advertisement featured a shopkeeper and a customer. When the

customer placed her lotto ticket on the counter, the shopkeeper stated:

“Did you know that 90% of National Lottery money goes back into the community?”

 

On-screen text at the end of the advertisement stated:

“2020 financials were 58% prizes, 27% good causes, 5% retailer commission”.

 

The complainant considered the advertisement’s statement that 90% of lottery money goes back to the community as misleading as this figure included unclaimed prize money which was diverted to incremental marketing and advertising of the National Lottery.

 

 

Statement Issued

 

N/A

https://www.asai.ie/complaint/36622/

 

 

The ASAI chose to not uphold two complaints

 

Advertiser Medium Complaint Category Description Complaint Status Section Breached Link
Vodafone

 

Television

 

 

 

Misleading / Environmental Claims

 

 

 

The advertisement showed two skateboarders taking pictures of nature including a flower and a bird on a phone and sending the photos to each other. The skateboarders then met up, interacted with the nature around them and showed each other the photos they took on the featured phone.

 

The voiceover of the advertisement made the following statement:

When you see nature like this, you’ll want to protect it. Capture incredible detail on the

new iPhone 14 pro”.

 

The complainant considered the advertisement misleading as it implied that using

a device that relied on rare earth minerals (a smartphone) would somehow help nature

when in fact the consumption of such devices was destroying nature.

 

Not-Upheld  

N/A

 

https://www.asai.ie/complaint/telecommunications-94/
Britvic – MiWadi Television  

Misleading / Substantiation / Food

 

A television advertisement featured two children sitting at a kitchen table during various occasions including breakfast time, a party and dinner time, with various quantities of MiWadi on the table during each occasion.

 

The voiceover stated –

“Enjoy a MiWadi at breakfast time, party time or dinner time…Anytime is MiWadi time.”

 

On screen text stated:

“Consume as part of a balanced diet and active lifestyle. MiWadi concentrates

contain at least 9% fruit juice.

No added sugar. Fortified with Vitamin D.”

 

Issue 1:

The complainant considered that the claim “no added

Sugar” was misleading as the product contained artificial sweeteners such as sucralose.

 

Issue 2:

The complainant considered the advertisement was directed at children as it had aired in the early evening (approx. 7.30pm) and took issue as parents may not know the negative impact of sweeteners.

 

Issue 3:

The complainant objected to the portrayal and quantities of the product shown at

breakfast time and questioned how this portrayed a balanced diet.

 

 

Issues 1, 2 and 3:

Not Upheld

 

N/A https://www.asai.ie/complaint/food-non-alcoholic-beverages-16/

 

The ASAI conducts ongoing monitoring of advertising across all media and since 2007, has examined over 27,000 advertisements, with an overall compliance rate of 98 percent. The ASAI Monitoring Service monitors compliance with the Complaints Committee’s adjudications.

 

Media are reminded that advertisements found to be in breach of the Code cannot be accepted for publication.

www.asai.ie

 

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